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Bare Metal/Component Parts / Case Decisions / Delaware / Summary Judgment
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Summary Judgment Recommended for Turbine and Valve Defendants in Mesothelioma Case

The plaintiff’s executrix brought this claim against multiple defendants alleging that her decedent, Mr. Denbow, developed mesothelioma as a result of his work in the U.S. Navy onboard the USS New Jersey from 1954-57 and while working at Koppers Chemical from 1965-70.

The plaintiff relied upon the testimony of product identification witness Charles Ricker. Although not sure when he met Mr. Denbow, he testified that he met him while working as a machinist mate in engine room Nos. 2 and 4 during his stint on …

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Case Decisions / Missouri
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Missouri Court of Appeals Finds Totality of Circumstances Standard Sufficient to Prove Causation under Wisconsin Law

Plaintiff Jean Urbach filed suit against 29 defendants on claims of negligence, strict liability, willful and wanton misconduct, and loss of consortium arguing that the defendants’ products caused her husband, Keith Urbach, to be exposed to asbestos, develop mesothelioma, and ultimately was the cause of his death. The plaintiff argues that Urbach was exposed to and inhaled friable asbestos fibers during his career as an electrician from 1963 to 2001. Urbach was diagnosed with mesothelioma in August 2011 and passed away in February 2012. The …

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Other Asbestos News
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Mississippi House and Senate Approves Conference Committee Report Requiring Transparency in Asbestos Bankruptcy Trust Submissions

The Mississippi House and Senate approved a conference report regarding asbestos bankruptcy trust transparency legislation. The bill is expected to be signed into law.

Findings of the Conference Committee include an acknowledgement that approximately 100 employers have declared bankruptcy related to asbestos litigation. Further, 85 percent of industries in the U.S. economy have been named as defendants in asbestos litigation. As a result, trusts have been established in asbestos related bankruptcy proceedings “to form a multibillion dollar asbestos bankruptcy trust compensation system outside of the …

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Other Asbestos News
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John Crane Fails to Establish Personal Jurisdiction against Plaintiff’s Firm in Fraud Complaint Filed in Federal Court

John Crane, Inc. (JCI) filed suit against Benjamin Shein and the Shein Law Center (the defendant) for fraud, alleging that the defendant fraudulently obtained settlements with and verdicts against JCI by misrepresenting the exposure of asbestos plaintiffs to JCI’s products and concealing the plaintiffs’ exposure to products of other manufacturers. The complaint focused on four specific asbestos cases filed against JCI in Pennsylvania in which verdicts were rendered against JCI. It alleged specific behavior done by the defendants, such as delaying filing claims with bankruptcy …

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Other Asbestos News
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John Crane Fails to Establish Personal Jurisdiction in RICO Claim Against Plaintiff Law Firm

Plaintiff John Crane Inc. brought a six-count complaint against defendants Simon Greenstone Panatier Bartlett, P.C., Jeffrey B. Simon, and David C. Greenstone, alleging violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1961, et seq., and common law claims for conspiracy and fraud in the U.S. District Court for the Northern District of Illinois, Eastern Division. The defendants contemporaneously filed a motion to dismiss for lack of subject matter jurisdiction and failure to state a claim, however, as a matter of …

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Case Decisions / Rhode Island / Statute of Repose / Summary Judgment
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Dissolved Company Failed to Meet Notice Requirements of Statute of Repose

Defendant Grover S. Wormer Company, individually and as successor-in-interest to Wright-Austin Company, brought a motion to dismiss the asbestos litigation filed on behalf of Frank D’Amico in the Superior Court of Rhode Island, Providence.  Wormer originally brought its motion under Super. R. Civ. P 12(b)(6) and contended that the plaintiff’s claims for liability are barred under Michigan’s Business Corporation Act Chapter 8 (the BCA), which governs the dissolution of corporations and provides a Statute of Repose to bar continued liability.  The plaintiff did not contest …

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Case Decisions / Federal Officer Removal / Ohio / Remand/Removal
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Case Remanded to State Court Following Resolution of Claims that Invoked Federal Officer Statute

The plaintiffs commenced this action in state court alleging that various products caused plaintiff Ralph Shonkwiler to develop mesothelioma. Defendant CBS Corporation (Westinghouse) removed the matter to federal court based on the federal officer statute since the plaintiffs claimed exposure to their product was a Navy turbine and the claimed exposure took place while plaintiff was serving in the Navy aboard the U.S.S. Ingram. In January 2017, the plaintiffs informed the court that all claims against Westinghouse were resolved and Westinghouse was dismissed from the …

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Case Decisions / Choice of Law / Rhode Island / Statute of Repose / Summary Judgment
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Rhode Island Court Applies Maine Law to Deny Summary Judgment to Insulation Contractor

The plaintiffs alleged negligence and breach of warranty based upon asbestos exposure sustained by decedent during his work at various job sites through the Laborer’s Union from 1969-1990. Defendant New England Insulation Company (NEI) filed a motion for summary judgment based upon various theories, which the court denied.

During his deposition, the decedent testified that he worked as a laborer for general contractors at job sites in Maine.  From 1973-1976 he worked at International Paper Mill around other trades, such as pipefitters and insulators. His …

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Case Decisions / Rhode Island / Summary Judgment
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Summary Judgment Granted to Valve Manufacturer Based on Insufficient Evidence of Exposure

The plaintiff filed suit in the Superior Court of Rhode Island, Providence for personal injuries and wrongful death alleging plaintiff’s decedent use of asbestos products with defendant’s valves were foreseeable to the defendant and, under a negligence theory, the defendant failed to warn of the associated hazards.

The defendant moved for summary judgment under Maine Law, to which both parties agreed upon, on November 16, 2016, and argued that the plaintiff failed to offer, and have no reasonable expectation of offering any evidence that plaintiff’s …

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Bare Metal/Component Parts / Case Decisions / Rhode Island
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Exception to Boiler Manufacturer’s Bare Metal Defense Found in Denial of Summary Judgment

James Stevens served as a boiler technician aboard the USS Allagash from July 7, 1951 until October 11, 1952. The boilers on the Allagash were manufactured by Foster Wheeler and included asbestos containing materials in their construction. Foster Wheeler additionally provided additional asbestos containing materials to be used in the boilers. Mr. Stevens was diagnosed with mesothelioma and passed away in 2015.

The plaintiffs brought suit against various defendants, including Foster Wheeler, in the U.S. District Court for the District of Rhode Island, alleging Mr. …

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