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Significant Verdicts
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NYCAL 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 …

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Case Decisions / Discovery / Louisiana
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Certain 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 …

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Case Decisions / Rhode Island
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Tennessee 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, …

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Damages / Summary Judgment / Take-Home Exposure / Washington
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Verdict 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 …

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Case Decisions / Delaware / Summary Judgment
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Plaintiff’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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Case Decisions / Federal Officer Removal
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U.S. Court of Appeals for the Fifth Circuit Finds Removal is Proper Under Federal Officer Removal Statute

Plaintiff Howard Zeringue brought suit against Crane Co. and various other defendants in state court for injuries allegedly caused by exposure to asbestos. The plaintiff alleged that he was first exposed to asbestos in 1952 while he was deployed with the U.S. Navy and served in various capacities in the Navy aboard three vessels until 1956. The plaintiff also alleged he was later exposed to asbestos at two other jobs. However, the plaintiff did not provide the time period for his alleged post-naval exposure. Crane …

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Case Decisions / Pennsylvania / Summary Judgment
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Summary Judgment Affirmed Where Plaintiff Fails to Demonstrate the Frequency, Regularity, or Proximity of Decedent’s Alleged Exposure

Appellant James Floyd, Jr.’s Father, James Floyd Sr. (the decedent), passed away after he was diagnosed with mesothelioma. Mr. Floyd alleged that the decedent was exposed to various asbestos-containing products, including AstenJohnson, Inc.’s dryer felts, while the decedent was employed at Sun Oil from 1939-1951 and at Scott Paper from 1951-1984. AstenJohnson made dryer felts used on paper machines that contained asbestos until 1980. Appellant provided deposition testimony that he worked with the decedent at Scott Paper from 1977-1984. Appellant testified that the decedent replaced …

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Other Asbestos News
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Louisiana Worker is a Statutory Employee Entitled Exclusively to Workers’ Compensation Benefits

Plaintiff James Fletcher was diagnosed with pleural mesothelioma in 2015. From 1988 until 1997, he worked in a tool trailer at the Exxon refinery in Baton Rouge, Louisiana. During that time, Fletcher was employed by J. E. Merit, a contractor that provided additional workers for Exxon during maintenance activities known as “turn-arounds.” On February 4, 2016, the Civil District Court in Orleans Parish, Louisiana rendered judgment after a trial on the merits that Fletcher was a statutory employee of ExxonMobil. Fletcher appealed a threshold determination …

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Legislative Updates / New York
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Proposed New York Bill Seeks Fairness in Asbestos Litigation by Requiring Claimant to File All Asbestos Trust Claims Within 45 Days of Commencement of Civil Action

A recent proposed New York Bill seeks fairness in asbestos civil litigation. SB2511, sponsored by Senator Jon J. Bonacic and co-sponsored by Senator John A. DeFrancisco, aims to bring transparency to asbestos litigation by requiring plaintiffs to file asbestos trust claim forms within 45 days of filing a civil asbestos action. After the recent decision in In re Garlock Sealing Techs, LLC, 504 B.R. 71 (W.D.N.C. Bankr. 2014), it became apparent that asbestos litigation “has been infected with the manipulation of exposure evidence” by certain …

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Case Decisions / New Jersey / Summary Judgment
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New Jersey Court Finds Plaintiff’s Certification Speculative and Grants Defendant’s Summary Judgment Motion

Plaintiff John Burton filed suit in the Superior Court of New Jersey, Middlesex County, against various defendants, including Ingersoll Rand, alleging he developed mesothelioma from occupational exposure to asbestos during his work at a New Jersey facility that manufactured aluminum cans. During his discovery deposition, Burton testified that the production of aluminum cans required a washing system to which the facility had two “washing machines” that incorporated washing and decorating the cans. Burton recalled these washing machines had 12 pumps and testified generally that Ingersoll …

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