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Case Decisions / New York / Summary Judgment
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Summary Judgment Overturned as Lab Suppliers Found to Have Burden of Causation

Plaintiff Eileen A. O’Connor was diagnosed with pleural mesothelioma allegedly caused from exposure to equipment containing asbestos while working at a research lab from approximately 1975-79. The plaintiff filed suit in February 2015 against several defendants, including suppliers of various products used at this research lab.

Supplier defendants moved for summary judgment arguing, among other things, that the plaintiffs failed to identify them as the suppliers of the asbestos-containing products in question. The Supreme Court granted the defendants’ motions dismissing the complaint against them, finding …

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Case Decisions / Pennsylvania / Remand/Removal
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Possibility of Successor Liability Enough to Defeat Diversity Jurisdiction

The plaintiffs alleged Maynard Herman contracted mesothelioma due to occupational asbestos exposure. Defendants removed on the basis of diversity, and the plaintiffs moved to remand. The court granted the remand.

The defendants argued that defendant Ametek, Inc., although a citizen of Pennsylvania, was fraudulently joined to defeat diversity. The plaintiffs argued Ametek was not fraudulently joined because it was the successor for Mr. Herman’s exposure to asbestos products made by Haveg Industries. The plaintiffs acknowledged that when Ametek purchased Haveg, the agreement facially concerned only …

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Case Decisions / Personal Jurisdiction
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Registered Agents Found Not to be Enough to Establish Personal Jurisdiction

Plaintiff Willie Everett, resident of Missouri, brought suit in the Circuit Court of the City of St. Louis, claiming personal injuries after he allegedly inhaled, ingested, or otherwise absorbed asbestos fibers and/or asbestiform fibers emanating from certain products he was working with and around which were manufactured, sold, distributed, or installed by the defendants.

The defendants removed the case to federal court on January 19, 2017. The respective Petition contends the defendants maintained registered agents in the state of Missouri and engaged in business in …

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California / Case Decisions / Pleadings Challenge
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California Government Claims Act Bars Plaintiffs’ Asbestos Action for Untimely Commencement

Plaintiffs Sandra Reyes Jauregui and Mario Reyes Jauregui filed a first amended complaint against the City of Pasadena arising from Sandra Jauregui’s mesothelioma. The City demurred to the complaint, arguing that the plaintiffs failed to comply with the Government Claims Act, requiring presentation of the claim to the City within six months of the date of Sandra’s mesothelioma diagnosis. The court agreed and issued a writ sustaining the demurrer.

The plaintiffs originally filed a complaint against various defendants due to her father’s asbestos exposure while …

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Case Decisions / Remand/Removal
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Wrong Standard Applied in Remanding Case against Boiler Manufacturer to State Court; Remand Reversed

Decedent Joseph Morris worked as a shipbuilder at the Bethlehem Steel Sparrows Point Shipyard from 1948-1970s, and died of mesothelioma in 2015. The plaintiffs commenced this action in Maryland state court, and Foster Wheeler removed pursuant to government contractor immunity. The district court remanded to state court because Foster Wheeler did not make a sufficient showing that it had a colorable federal defense; Foster Wheeler appealed. The Fourth Circuit concluded that the district court applied the wrong standard for determining removability and reversed and remanded …

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Case Decisions / Summary Judgment / Washington
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Pfizer Not an “Apparent Manufacturer” of Refractory Products Used at Shipyard; Summary Judgment Affirmed

Plaintiff Margaret Rublee appealed the summary judgment dismissal against defendant Pfizer, Inc. The decedent, Vernon Rublee, was a machinist at the Puget Sound Naval Shipyard from 1965-1980 and died of mesothelioma in 2015. The appellate court affirmed summary judgment for Pfizer.

While at the shipyard, he worked on steam turbines with asbestos lagging. In replacing the lagging they used two refractory products — Insulag and Panelag. Both the decedent and other workers testified as to seeing “Pfizer” on the bags. Quigley Company made the products, …

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Case Decisions / Pennsylvania / Single Fiber, Cumulative Exposure
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Pennsylvania Supreme Court Reaffirms Betz Decision Rejecting Each and Every Exposure

In December of 2010, a Philadelphia jury awarded a verdict in the amount of $14.5 million to the widow, and executrix of the estate, of James Nelson. Nelson had previously developed mesothelioma and passed away at age 54 in 2009.

The defendants appealed the verdict, arguing that the plaintiff failed to meet the sufficient standard of causation under Pennsylvania law. The defendants specifically argued that the trial court improperly allowed plaintiff’s expert to testify that each and every exposure must be considered a substantially contributing …

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Other Asbestos News
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NYCAL Justice Peter Moulton Issues New CMO

On June 20, 2017, NYCAL Justice Peter Moulton issued a new case management order (New CMO) and an accompanying case management decision (the Decision). As the Decision states, the court’s New CMO follows from a 2014 decision from prior NYCAL Justice Heitler as to whether punitive damages should continue to be deferred in NYCAL.

After negotiations to craft a new CMO failed, Judge Moulton decided to issue the New CMO without consent of the parties. The Decision acknowledges that many of the new provisions “differ[] …

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Case Decisions / Federal Officer Jurisdiction / Federal Officer Removal / Louisiana
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Federal Court Defines “Other Paper” in Removal Statute § 1446

The plaintiff filed a petition for damages in the 18th Judicial District Court for the Parish of Iberville on February 23, 2017, and named Avondale, among others, as a defendant. The plaintiff alleged he contracted mesothelioma during his employment with Avondale caused by “dangerously high levels of toxic substances, including asbestos and asbestos containing products, in the normal course of his work.” Defendant Avondale filed a notice of removal to the United States District Court of Louisiana on April 28, 2017 under the federal …

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California / Case Decisions / Remand/Removal
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Denial of Remand Based on Government Directed Actions of Airplane Manufacturing Process

The plaintiff filed a motion to remand for lack of subject matter jurisdiction in the United States District Court in the Northern District of California. The plaintiff, Joseph Thrash, alleged he was diagnosed with mesothelioma in September 2016, and was exposed to asbestos while he worked on B-52, C-141, and C-5 airplanes in the United States Air Force from 1975 through the 1980s and while doing automotive work at various locations. The defendant, The Boeing Company, removed the case to federal court; shortly thereafter, defendants …

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