The plaintiff is the surviving spouse of Susan McDowell, who died from mesothelioma. The plaintiff alleged exposure to asbestos-contaminated vermiculite discarded from railcars while being transported from the Libby, Montana mine by Burlington Northern Santa Fe. The state of Montana (State) began inspecting the mine in the 1950s and found hazardous levels of asbestos within the vermiculite. The State did not correct the hazard or warn Libby residents. The plaintiff sued numerous entities, including BNSF and the State of Montana. The defendants removed this case …
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Four Corners Rule Determines Employment Status in Coverage Case
Burns & Scalo Roofing Co. was the defendant in an underlying state court action brought by a former employee who had developed mesothelioma due to exposure to asbestos while employed by Burns & Scalo. Burns & Scalo sought defense and indemnity from National Union, which had issued occurrence-based policies to Burns & Scalo for a four-year period after the underlying plaintiff’s employment had ended. After initially denying coverage, National Union agreed to defend Burns & Scalo under a reservation of rights. National Union then filed …
Continue ReadingAsbestos Case Tracker — Complete Compendium for 2016
With reported asbestos decisions continuing to rise, the need to keep informed on developments across the country is imperative.
Goldberg Segalla’s Asbestos Case Tracker blog — ranked on the ABA Journal Blawg 100 list of the best legal blogs — is the go-to resource for up-to-date asbestos decisions happening in courts throughout the United States. Our blog also reports on legislative updates, significant verdicts, and other critical developments in the asbestos area. We provide summaries of and access to decisions, along with insightful commentary from …
Continue ReadingSummary Judgment Affirmed Against School Board Where Exception to Immunity Applied
The plaintiffs filed suit against 40 defendants and the Pittsburgh School District Board of Public Education (PBE). The plaintiffs contended the defendants were responsible for Ms. Geier contracting mesothelioma while she worked as a school teacher at South Hill High School from 1959-59. During discovery, Ms. Geier stated in an affidavit that she was occupationally exposed to 1) pipe coverings, 2) floor tile, 3) drywall, and 4) joint compound.
At the close of discovery, PBE moved for summary judgment and asserted the defense of governmental …
Continue ReadingSummary Judgment Affirmed in Favor of Successor Premises Owner Where Bankruptcy Code Extinguished Claims
Jacqueline and Thomas Wagner filed suit against Standard Steel LLC for Ms. Wagner’s alleged development of mesothelioma as a result of take home exposure from the work clothes of her husband. Mr. Wagner worked as a laborer and crane operator at Freedom Forge from 1970-72. Freedom Forge filed for Chapter 11 protection in 2001. Appellee Standard Steel LLC purchased the sale of Freedom Forge’s assets in 2002. The bankruptcy court confirmed the sale and found: 1) the sale price was fair and reasonable at an …
Continue ReadingNYCAL Jury Awards $75M Verdict in Living Mesothelioma Take-Home Exposure Case
On January 23, 2017, a NYCAL jury awarded $75 million in damages to plaintiffs Marlena F. Robaey and her husband, Edward Robaey, in a living peritoneal mesothelioma case for a 49-year old female. Justice Joan A. Madden presided over the trial where the plaintiffs alleged bystander and take-home asbestos exposure through Edward Robaey’s automotive work. Two remaining defendants were found to have acted “recklessly” by the jury.
The $75M verdict was broken down as follows: $50M for plaintiff Marlena F. Robaey ($40M in past pain …
Continue ReadingCertain Bankruptcy Trust Information Ruled Discoverable in Louisiana
The plaintiff alleged he developed lung cancer due to his asbestos exposure while working on the premises of Freeport’s Port Sulphur facility, other facilities, and various drilling rigs. The defendants removed to federal court on the bases of original jurisdiction under the Outer Continental Shelf Lands Act. The plaintiff filed a motion to quash subpoena and notice of records deposition, and a motion for protective order. The court analyzed both at the same time, as both contained substantially the same arguments.
Defendant McCarty Corporation issued …
Continue ReadingTennessee Law Applied Over Virginia Law in Case Filed in Rhode Island; Tort Factors and Interest Factors Both Supported Tennessee Law
The plaintiffs alleged both direct and secondary exposure to asbestos by Harold Murray, leading to his development of mesothelioma. Mr. Murray worked in both Tennessee and Virginia. The plaintiffs lived in Tennessee. The defendants filed a motion to apply the law of Tennessee, while the plaintiffs argued for Virginia law. The court ruled that Tennessee was the correct choice of law.
The defendants argued that under Rhode Island choice-of-law principles, Tennessee law applied; the plaintiffs were domiciled in Tennessee, the plaintiff was diagnosed in Tennessee, …
Continue ReadingVerdict Against Brand Insulation Upheld on Various Grounds, Including that General Negligence Duty of Care Recognized for Take Home Exposure
The trial court found in favor of the plaintiff, finding Brand Insulation, Inc. liable for the mesothelioma suffered by Barbara Brandes due to secondary asbestos exposure from her husband’s work at ARCO. Brand appealed, and the plaintiff appealed the remittitur reducing the damages award from $3.5 million to $2.5 million. The court affirmed the verdict and reversed the remittitur.
Brand was an insulation subcontractor during construction of the ARCO Cherry Point Refinery. At first Brand installed asbestos-free insulation, but later switched to asbestos insulation due …
Continue ReadingPlaintiff’s Inconsistent Testimony is an Issue for Trial; Summary Judgment is Denied
On January 17, 2017, the Superior Court of Delaware, New Castle denied RCH Newco II LLC’s (Newco) motion for summary judgment. The plaintiff, Jessie Hastings, alleged that he contracted colon cancer as a result of his exposure to Newco’s asbestos-containing product, Galbestos. Galbestos was a material that protected metal and roofing products. Mr. Hastings was the only product identification witness and testified in two depositions.
In his first deposition, Mr. Hastings testified that he began working at DuPont’s Chestnut Run facility in 1951-52. He testified …
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