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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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 …
Continue ReadingTake 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 …
Continue ReadingFederal 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 …
Continue ReadingDenial 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. …
Continue ReadingBankruptcy Court Grants Asbestos Defendants Limited Access to Bankrupt Trust Exhibits
Honeywell International, Inc. who was joined by Ford Motor Company moved for an order authorizing “any entity . . . to access, inspect, copy and receive copies of … any and all of the 2019 Exhibits filed with the Court in compliance with the 2019 Order or Bankruptcy Rule 2019.” In other words, Honeywell and Ford were seeking an order allowing it access to the statements and exhibits which asbestos claimants submitted in the captioned cases pursuant to Rule 2019 of the Federal Rules …
Continue ReadingDefendant Fails to Establish Two Elements Necessary for Interlocutory Appeal
The plaintiff sued approximately 78 defendants alleging his mesothelioma was caused by exposure to asbestos while working as a civilian for the U.S. Navy from 1958-1964, and two other employers from 1966-1969, and again from 1969-1997.
CBS moved to dismiss the case for lack of personal jurisdiction arguing that its contacts with Missouri did not satisfy the due process right laid down by the Daimler decision. The court denied the motion. CBS then sought certification of an interlocutory appeal of whether “CBS has consented to …
Continue ReadingSpecial Master Recommendation Upheld Denying Plaintiff’s Discovery Requests
Plaintiff Lori LoGiudice developed mesothelioma and brought suit, alleging her disease was caused by her use of asbestos-containing Cashmere Bouquet talcum powder made by Colgate-Palmolive. The only other defendants were suppliers of asbestos-containing talc to Colgate. After the Special Master denied certain discovery requests made by the plaintiff, the plaintiff moved for relief. The court affirmed the recommendations made by the Special Master.
At issue was one request for production involving conversations between Dr. Marie Capdevielle and individuals interviewed by her in preparation for her …
Continue ReadingPump Manufacturer’s Motion for Summary Judgement Denied Because Burden of Proof Unsatisfied
Plaintiffs Patrick and Joy Demartino brought suit against various defendants after Patrick Demartino developed mesothelioma. Defendant Aurora Pump Company moved for summary judgment, arguing that it did not use or sell external asbestos-containing gaskets. The court denied this motion.
It was undisputed that during the plaintiff’s time of alleged exposure to Aurora pumps while working at Walker-Prismatic from 1975-1986, Aurora used and sold asbestos-containing gaskets. The plaintiff testified that his only source of asbestos exposure from Aurora pumps was from replacement of external flange gaskets. …
Continue ReadingAffidavits Executed by Decedent Containing Product Identification Admissible Under Dying Declaration Hearsay Exception
Decedent John Pisano executed three affidavits regarding Sears products after he was diagnosed with mesothelioma; he died three months after his diagnosis and was never deposed. The affidavits detailed the decedent’s use of floor tile, ceiling tile, and mastic purchased from Sears. Defendant Sears, Roebuck and Co. moved for summary judgment on various bases. The plaintiff presented these three affidavits in opposition to Sears’ summary judgment motion. The court denied the motion for summary judgment.
Sears argued the plaintiff could not demonstrate any causal connection …
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