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Case Decisions / Florida / Verdict Reduction
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Court Affirms Judgment for Defendant Carnival Cruise Line That Set Aside a $3.6M Verdict

On October 19, 2016, the Third District Court of Appeal, State of Florida, affirmed a final judgment in favor of defendant Carnival Corporation, finding no merit.

In the original case at bar, the plaintiff, Giovanna Settimi Caraffa, individually and as personal representative of the estate of Benedetto Emanuele Caraffa, deceased, filed suit in the Circuit Court of the 11th Judicial Circuit in and For Miami-Dade County, Florida, alleged among other things, that the decedent was injured as a result of asbestos exposure while working and …

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Case Decisions / New York / Summary Judgment
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Pump Manufacturer Granted Summary Judgment for Plaintiff’s Failure to Establish Sufficient Exposure

Plaintiff-Decedent William Holzworth filed suit against various defendants in the New York Supreme Court on July 9, 2012 alleging personal injuries pursuant to his diagnosis of mesothelioma allegedly caused by his occupational exposure to asbestos. Specifically, Holzworth alleged exposure to asbestos-containing products during this employment, both as a sonarman serving in the U.S. Navy between 1952 and 1955, and as a construction and project manager between 1963 and 2007. The defendants removed this action to the U.S. District Court for the Southern District of New …

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Case Decisions / Louisiana
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Federal Court Suspicious of Plaintiff’s Motion for Leave to Amend to Add Non-Diverse Defendant; Motion Denied

The plaintiffs filed a motion for leave to file an amended complaint to add Taylor-Seidenbach, Inc., a non-diverse defendant, and to reflect additional facts and information. The court denied the plaintiffs’ motion.

This case was originally filed in state court and removed to federal court by defendants Puget Sound Commerce Center, Vigor Industrial LLC, and Vigor Shipyards (“removing defendants”) on the basis of diversity jurisdiction. The plaintiffs alleged asbestos exposure due to plaintiff Nolan Legeaux’s work in construction, industrial plants, and shipyards, and as a …

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Case Decisions / New York / Summary Judgment
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Denial of Summary Judgment of Boiler Manufacturer Affirmed on Appeal

Relying on Koulermos v. A.O. Smith Water Prods., the New York Appellate Division, First Department upheld the trial court’s denial of summary judgment. The court found that the trial court used the correct standard and that Cleaver Brooks failed to put forth evidence illustrating how it was entitled to summary judgment.

Read the decision here.

Read a full summary of the case here.…

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General
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We Need Your Vote!

Attention blog readers! We are proud to announce that Asbestos Case Tracker has been nominated in The Expert Institute’s “2016 Best Legal Blog Contest.” Over the past month, the Expert Institute has narrowed the field to the most “exciting, entertaining, and informative legal blogs online today.” To be officially named one of the best legal blogs, we’ll need your help!

To vote for this blog, visit The Expert Institute’s contest page here and click “vote” for Asbestos Case Tracker. The polls are open until November …

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Case Decisions / Expert Challenges / Louisiana / Motions in Limine
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Mixed Decision on Defendants’ Motion in Limine to Preclude Dr. James Millette

The defendants (pump and valve manufactures) filed a motion in limine to exclude certain studies and videos produced by the plaintiff’s expert Dr. James Millette. The defendants challenged two aspects of Dr. Millette’s proposed testimony. First, they argued that some — but not all — of the academic studies that Dr. Millette relied on are not reliable and do not fit the facts of the case, and thus should be precluded from discussing them at trial. Second, the defendants argued that Dr. Millette should not …

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Case Decisions / Expert Challenges / Louisiana
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Plaintiffs’ Experts’ Testimony of General Causation Not Permitted to Prove Specific Causation in Mesothelioma Case

The defendants moved in limine to preclude testimony of the plaintiffs’ experts Drs. Kradin, Kraus and Parker for their reliance on the “each and every exposure” methodology of causation.

The court began its analysis by stating the standard for expert qualification, which includes: 1) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact issue 2) the testimony is based on sufficient facts or data 3) the testimony is the product of …

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Case Decisions / New York
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Court Rejects Appeals of Crane Co. in Three NYCAL Matters

The Appellate Division of the Supreme Court of New York issued three decisions rejecting appeals of Crane Co. arising from verdicts for Plaintiffs in three separate trials out of New York County.

In Peraica v. A.O. Smith, et al., a jury on December 3, 2013 awarded the plaintiffs $9,900,000 for past pain and suffering against defendant Crane Co., with an order to vacate the award and order new trial as to such damages unless the plaintiffs stipulated to a reduced award of $4.25 …

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Bare Metal/Component Parts / Case Decisions / Louisiana / Summary Judgment
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Federal Court Outlines Alternative Standard to Bare Metal Defense

William Bell alleged routine exposure to asbestos while serving as an engine man, machinery repairman, and a machinist mate in the United States Navy in the 1960s. Bell further alleged he was exposed to asbestos both while serving at sea on four ships as well as while training at a land-based Navy facility in Idaho. After being diagnosed with mesothelioma in 2015, Bell sued various companies that manufactured a wide range of products including pumps, valves, condensers, compressors, and turbines located on the Navy vessels …

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