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Case Decisions / Louisiana / Maritime/Admiralty Law
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Plaintiffs’ Dismissal with Prejudice of Claims Against Defendant Rendered Third-Party Demand for Contribution Void

Third-party defendant Industrial Development Corporation of South Africa, Limited (IDC) filed a motion to dismiss defendant Cooper/T. Smith Stevedoring Company, Inc.’s (Cooper) third party complaint. The court granted IDC’s motion and remanded the case to state court.

The plaintiffs filed suit on behalf of decedent Earl Lindsay, who died of lung cancer. The plaintiffs alleged the decedent worked as a longshoreman for several Cooper companies in the Port of New Orleans from 1954-1979, and during this time was exposed to asbestos. As against IDC, the …

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California / Case Decisions / Summary Judgment
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Granting of Summary Judgment to Asbestos Insulation Supplier Based on Government Contractor Defense Upheld on Appeal

In this case, the plaintiff, Gary Kase, claimed exposure to asbestos insulation used in Navy nuclear submarines during the 1970s. Defendant Metalclad Insulation Corp. provided the asbestos-containing insulation, Unibestos, to the U.S. Navy. Metaclad moved for and was granted summary judgment based on the government contractor defense. The plaintiff appealed.

On appeal, the court thoroughly reviewed the standards for summary judgment based on the government contractor defense pursuant to the seminal case Boyle v. United Technologies Corp., 487 U.S. 500 (1988). Boyle set forth …

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Case Decisions / Pennsylvania
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Ford’s Denial of Nonsuit Affirmed; Improper Consolidation of Meso Cases Did Not Warrant New Trial

Richard and Joyce Rost filed this action against multiple defendants, including Ford Motor Company, alleging that Mr. Rost developed mesothelioma as a result of his work around asbestos products. The plaintiff worked at Smith Motors as “gofer” assisting mechanics with the removal of brake shoe linings 3-5 times per week after graduating from high school. Further, the plaintiff contended that 85-95 percent of the vehicles were manufactured by Ford. The parties stipulated that Ford vehicles utilized asbestos brakes and clutches for its vehicles made from …

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California / Case Decisions
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Court Affirms Defense Verdict Finding Defendant Contractor Was Not Negligent

Plaintiff Kenneth Evans was diagnosed with asbestosis after a decades-long career working for the Southern California Gas Company (SoCalGas). For about 35 percent of his employment, Evans worked alongside contractors who helped build and replace gas pipelines; some of those pipelines were covered in a coating that contained asbestos. Evans testified that he worked for SoCalGas from 1954 to 1990. He started out as a pipeline repairman, repairing pipe at various work sites, and working side-by-side with outside contractors on pipeline this work. Specifically, Evans …

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Case Decisions / Federal Officer Jurisdiction / Remand/Removal
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Broad Interpretation of the Federal Officer Removal Statute Keeps Case Against Boeing in Federal Court

The plaintiff filed a failure-to-warn product liability suit against, among others, The Boeing Company, after his wife Mary became ill from alleged secondary asbestos exposure. Boeing removed to federal court based upon the federal officer removal statute. The district court remanded, and the appellate court reversed.

The plaintiff alleged Mary suffered take home asbestos exposure through laundering the clothes of her first husband Robert Keck. While working for New Brunswick Plating Co. in the late 1970s, Keck sandblasted the landing gear of World War II …

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Case Decisions / New York / Other Asbestos News
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New York Police Officer Diagnosed with Mesothelioma Allowed to File for Both Line-of-Duty Benefits and Salary/Medical Expense Benefits

The plaintiff was a police officer for the City of Buffalo from 1968-1995. In 2012, he was diagnosed with mesothelioma and filed this proceeding asking permission to serve a late notice of claim against the city. The plaintiff alleged asbestos exposure during his work at properties owned by the city and by the Board of Education. The city argued that leave should not be given to the plaintiff to file a late notice of claim because New York General Municipal Law Section 207-c provided the …

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General
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Asbestos Case Tracker Named Best Litigation Blog for 2016!

We are pleased to announce that the Asbestos Case Tracker blog has been named the best litigation blog in the country in The Expert Institute’s Best Legal Blog Contest for 2016!

The Expert Institute’s annual contest considered thousands of legal blogs online today. After an extended public voting process that attracted thirty thousand votes, Asbestos Case Tracker beat out the 500 other legal blogs nominated to secure the top spot as best litigation blog.

A huge thank you goes out to all of our readers …

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Case Decisions / Remand/Removal
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Take Home Mesothelioma Case Remanded After Defendant Files Untimely Removal; Costs Denied

The plaintiffs brought claims sounded in negligence, intentional tort, fraud and strict liability for their decedent’s mesothelioma which was alleged to have developed after coming into contact with her husband’s asbestos laden clothes. Mr. Tregre was alleged to have worked for Avondale Industries, a predecessor to Huntington Ingalls, Inc. while onboard ship construction.

Avondale removed the case to the U.S. District Court on May 16, 2016 under federal officer removal statute and argued that it built ships under contract for the U.S. who required the …

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Case Decisions / Federal Officer Jurisdiction / Louisiana / Remand/Removal
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Federal Court Denies Remand on Outer Continental Shelf Lands Act Jurisdiction and Dismisses Fraud Counts of Complaint

The U.S. District Court for the Eastern District of Louisiana issued two opinions in the matter of Sheppard v. Liberty Mut. Ins. Co., et al. which denied the plaintiffs’ motion to remand and dismissed the plaintiffs’ fraud cause of action against the defendants.

Plaintiff Jesse Frank Sheppard originally filed in the Civil District Court for the Parish of Orleans. Sheppard alleged that he developed lung cancer and/or mesothelioma as a result of exposure to asbestos while working for Freeport Sulphur Company. The plaintiff sued …

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Case Decisions / Federal Officer Jurisdiction / Ohio / Pleadings Challenge
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Denial of Administrative Dismissal Turns on Definition of a “Smoker” Under Ohio State Code

Plaintiff Bobby Turner and his wife commenced an action in April 2013 alleging asbestos exposure caused his lung cancer. The plaintiff was a drywall finisher from 1962 to 1978. Defendant Union Carbide moved to administratively dismiss the claim in February 2014, claiming that the plaintiffs failed to submit prima facie evidence pursuant to R.C. 2307.92. (Under Ohio’s Revised Code General Provisions a plaintiff must meet minimum medical requirements for tort actions alleging an asbestos claim). In response, the plaintiffs submitted an affidavit saying that Mr. …

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