Dorothy Charbonneau filed suit in the Superior Court of Delaware against multiple defendants alleging the defendants’ use of asbestos caused her husband, Robert Charbonneau, to contract an asbestos related disease. Mr. Charbonneau testified that he believed he was exposed to asbestos while maintaining and cleaning multiple boilers manufactured by Cleaver-Brooks throughout his employment career. Mr. Charbonneau also testified that he removed a sectional boiler during employment with Smith Mechanical. He testified that the boiler may have been Cleaver-Brooks but stated that he believed this because …
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Attention blog readers! This year, the ABA Journal is publishing their first ever “Web 100” celebrating the best of the legal industry on the web. In order to be named to the list, we’ll need your help! Since the start of our blog in October of 2015, Asbestos Case Tracker has reported on hundreds of asbestos decisions and has been hailed as the go-to resource for up-to-date asbestos decisions happening in courts throughout the United States. Our blog reports nearly daily on legislative updates, significant …
Continue ReadingWrongful Death Claims Barred by Res Judicata from Prior Loss of Consortium Case
In this wrongful death case, plaintiff Janet Stewart appealed the grant of summary judgment to Union Carbide that her loss of consortium claim was barred by res judicata. The plaintiff also argued a miscarriage of justice in the setoff of her deceased husband’s settlement with two asbestos bankruptcy trusts against her entire economic damage award. The court affirmed both rulings.
Larry Stewart worked as a plumber from 1968-2007 when he was diagnosed with mesothelioma. He and his wife filed a personal injury lawsuit (Stewart I). …
Continue ReadingVarious Rulings Issued on Motions in Limine in Trial; Plaintiffs’ Motion to Exclude Defense Experts Denied
The court issued various rulings on motions in limine filed by both the plaintiffs and defendant John Crane in this matter that is set for trial on July 17, 2017. The decedent died of mesothelioma. Many of the motions were unopposed. Below are summaries of the more pertinent rulings.
Regarding the plaintiff’s motions, the plaintiff argued that the defendant should be barred from disclosing that some corporations were in bankruptcy. The defendants opposed the motion because under Wisconsin law, any claims plaintiffs have submitted to …
Continue ReadingSummary 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 …
Continue ReadingPossibility 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 …
Continue ReadingRegistered 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 …
Continue ReadingCalifornia 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 …
Continue ReadingWrong 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 …
Continue ReadingPfizer 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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