LATEST INSIGHTS

Case Decisions / Discovery / Louisiana
Posted by:

Favorable Defense Discovery Rulings, Including Preclusion of Treating Physicians from Testifying as Experts

The district court issued two opinions in the same case, issuing various rulings on motions brought by both parties. The plaintiff alleged he developed lung cancer from asbestos exposure while employed by Freeport Sulphur Company, predecessor to Mosaic Global Holdings, Inc. This case started in Louisiana state court, and was removed by Mosaic. The primary rulings on these motions are summarized below.

The plaintiff moved to exclude evidence of settled claims and collateral sources of compensation. The defendants argued that both settlement agreements and collateral …

Continue Reading
California / Case Decisions / Summary Judgment
Posted by:

Automotive Parts Manufacturers Granted Summary Judgment in Secondary Exposure Case

The plaintiff sued various automotive parts manufacturers, alleging secondary asbestos exposure from the work of his father, a mechanic. The plaintiff had been diagnosed with mesothelioma. The plaintiff’s father worked at Bekins warehouse from June 1974-May 1982, where he did brake, clutch, and engine gasket repair. The plaintiff visited his father at work, helped him at work, and father’s clothes were washed at home. Products identified in discovery included: two Ford trucks; four International semi-truck tractors; Rockwell axles; Carlisle brake linings; Grizzley brake linings (Maremont, …

Continue Reading
Case Decisions / Connecticut / Summary Judgment / Take-Home Exposure
Posted by:

Summary Judgment Granted to Asbestos Paper Products Manufacturer in Take-Home Exposure Case Based on No Duty to Warn

Plaintiff Dorothy Ramsey, through her estate, alleged that the defendant Georgia Southern University Advanced Development Center (Herty) negligently failed to warn her of the risks of take-home exposure to Herty’s asbestos paper products used at her husband’s work from 1976-80. She alleged this exposure caused her to develop lung cancer. The defendant moved for summary judgment, arguing it did not owe Plaintiff a duty of care. The central issue in this case was whether Price v. E.I. DuPont de Nemours & Co. and Riedel …

Continue Reading
Case Decisions / New York / Summary Judgment
Posted by:

Fire Door Manufacturer Obtains Summary Judgment in NYCAL; No Duty to Warn Against Latent Dangers from Unforeseeable Use of Product

Defendants International Paper Company and Owens-Illinois, Inc. moved for summary judgment, which was granted. All Craft Fabricators, Inc. was hired to do millwork in refurbishing the United Nations headquarters. The general contractor issued a change order to use salvaged wood panels and doors from the Under-Secretary General’s office. These materials were resized and cut for use as interior cabinets at the United Nations building. External testing performed by All Craft showed that the dust from these materials contained asbestos.

An affidavit from a professional engineer …

Continue Reading
Case Decisions / Maryland / Summary Judgment
Posted by:

In Bystander Exposure Case, Plaintiff Failed to Demonstrate that Defendant Had a Duty to Warn

Plaintiff Daniel Hiett developed mesothelioma and alleged bystander exposure from his father’s work. The plaintiff alleged negligence and strict liability claims based on a failure to warn theory. The circuit court granted defendant AC&R Insulation Company, Inc,.’s (AC&R) motion for summary judgment. The plaintiff appealed, arguing that several material facts distinguished their case from Georgia Pacific, LLC v. Farrar, 432 Md. 532 (2013), which held that a manufacturer/distributor of a product containing asbestos did not owe a duty to warn the household member of …

Continue Reading
Case Decisions / Montana
Posted by:

State of Montana Properly Joined to Defeat Diversity Jurisdiction

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 …

Continue Reading
Insurance Coverage
Posted by:

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 Reading
Documents and Resources
Posted by:

Asbestos 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 Reading
Case Decisions / Pennsylvania / Summary Judgment
Posted by:

Summary 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 Reading
Bankruptcy / Case Decisions / Pennsylvania / Summary Judgment / Take-Home Exposure
Posted by:

Summary 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 Reading