LATEST INSIGHTS

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Motion to Remand / Ohio / Remand/Removal
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Court Finds No Fraudulent Joinder, Plaintiff Successful on Motion to Remand

Court: United States District Court for the Northern District of Ohio; April 28, 2023

This asbestos-related action was brought by plaintiff Carolyn Keiser on behalf of herself and as the executor of her husband, decedent David Keiser’s estate. The decedent was diagnosed with mesothelioma, which the plaintiff alleges was caused by his occupational exposure to asbestos from defendants Donald McKay Smith, Inc. (“DMS”), Red Seal Electric Company and Vanderbilt Minerals LLC.

Plaintiff originally brought this action in state court. Defendant Vanderbilt removed it to federal …

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Appeal
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Joint Compound Manufacturer Files Appeal of $15M Verdict: Key Issues on Appeal

As previously reported in the Asbestos Case Tracker here, in June 2022 a jury awarded plaintiff Munir Seen $15 million, allocating 70 percent of the fault to joint compound manufacturer Kaiser Gypsum. Following the trial, Kaiser moved for three forms of post-trial relief. The court denied Kaiser’s motions in their entirety in March.  

Kaiser first moved for judgment notwithstanding the verdict, contending that “plaintiff’s expert proof at trial . . . was defective and insufficient as a matter of law” as per the Court …

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Mesothelioma
California / Motion to Quash
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Court Grants Plaintiffs Opportunity to Identify Brake Brand before Ruling on Motion to Quash

Court: Superior Court of California, County of Los Angeles

Plaintiffs Samson Bareh and Gen Bareh filed this matter, alleging Samson developed mesothelioma from exposure to asbestos. Defendant Aftermarket Auto Parts Alliance Inc. filed the within motion to quash service of summons for lack of personal jurisdiction.

The plaintiff had made no specific allegations against Aftermarket, and the complaint alleged nothing about Aftermarket, except to name it as a defendant.

A defendant may move to quash service of summons on the ground of lack of jurisdiction of …

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Expert Testimony / Summary Judgment / Tennessee
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Railway Employer Obtains Summary Judgment Due to Exclusion of Plaintiff’s Experts

Court: Court of Appeals of Tennessee, At Jackson

Plaintiff Annie Dowdy is a former employee of defendant BNSF Railway Company. She filed suit against BNSF under the Federal Employers’ Liability Act (“FELA”), alleging that BNSF negligently failed to provide a reasonably safe work place, and claiming that occupational exposure to diesel exhaust and asbestos caused or contributed to her renal cancer. Plaintiff relief on the testimony of two expert witnesses: Dr. Hernando Perez, who was retained to testify regarding negligence and liability, and Dr. Ernest …

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Delaware
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Delaware Court Applying Ohio law Upholds Duty to Warn on Brake Grinding Machine Defendant

Court: Superior Court of Delaware, New Castle

In this asbestos action, decedent Donald Jordonek used brake lathes and grinders manufactured by AMMCO while working at a tire center in Ohio from 1972 until 1999. The plaintiff sued defendant Hennessy as a predecessor-in-interest to AMMCO. Although this court is venued in Delaware, the court determined that Ohio substantive law applied to this matter. Hennessy filed a motion for summary judgment, arguing that it did not have a duty to warn the plaintiff as the AMMCO equipment …

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Evidence / Louisiana
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Defendant’s motion to quash plaintiff’s requests for admission of fact in maritime case granted

Court:  United States District Court for the Eastern District of Louisiana

In January 2019, Harry F. Marsh filed an action in Louisiana State Court alleging asbestos exposure while aboard various merchant marine vessels. He alleged Lykes owned and/or operated a number of such vessels. He further alleged Lykes’ insurer, Continental Insurance Company, was liable for the former’s negligence in failing to warn, prevent, or otherwise exercise reasonable care with regard to the use of asbestos. Continental successfully removed the matter to federal court under federal officer jurisdiction. Mr. Marsh …

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Louisiana / Stay of Action
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Stay of Action against Insurer under First-to-File Rule

Court: U.S. District Court, Eastern District of Louisiana.

Plaintiff filed an action alleging take-home exposure from asbestos fibers while living with her grandfather, who was a welder for 40 years at Avondale Shipyards.

The plaintiff was diagnosed with lung cancer, which she alleged resulted from asbestos exposure from asbestos fibers brought home on her grandfather’s work clothing from her birth in 1962 until 1982, when her grandfather retired from the shipyard. The action was removed to federal court and amended to add numerous additional defendants, …

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New York / Summary Judgment
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Plaintiff’s Worksite Testimony Precludes Summary Judgment for Contractor Defendant

Court: Supreme Court of New York, New York County

In this asbestos action, defendant Tishman Liquidating Corporation moved for summary judgment on the grounds that it is not responsible for any of the three job sites for which the plaintiff identified the company as the general contractor, and, therefore, is not liable for any injury that the plaintiff allegedly sustained from such sites.

For two of the sites, Tishman proffered New York Times articles that reported the general contractors to be companies other than Tishman, …

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New York / Summary Judgment
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Clutch Manufacturer Obtains Summary Judgment on Medical Causation Grounds

Court: Supreme Court of the State of New York, Nassau County

In this asbestos action, plaintiff Donna Daniell alleged asbestos exposure from working near auto mechanics, including her husband, Robert, while they used asbestos-containing products. She also alleged asbestos exposure from laundering her husband’s work clothes. She contends that she developed lung cancer from these exposures. Defendant LuK Clutch Systems LLC moved for summary judgment, arguing that Donna’s exposure to asbestos from LuK clutches would have been minimal and “similar [to] the ambient levels of asbestos in …

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Mesothelioma
California / Summary Judgment
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Maritime Defendants’ Motions for Summary Judgment under Government Contractor Defense Denied

Court: United States District Court for the Northern District of California

This asbestos-related lawsuit alleges that the decedent, Roberto Elorreaga, developed mesothelioma from exposure to asbestos-containing products while working aboard the USS Rupertus (DD-851) from October 1959 to January 1960 as a machinist mate, and the USS Cowell (DD-547) from October 1960 until February 1963 as a fireman’s apprentice and then as an electrician’s mate.

Several defendants moved for summary judgment, arguing that the Government Contractor Defense precluded the plaintiffs’ claims.  Plaintiffs opposed the motions arguing …

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