LATEST INSIGHTS

Insurance Coverage / New York
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New York Court of Appeals Opts for “All Sums” Allocation in Asbestos Coverage Case

In a landmark ruling, the New York Court of Appeals held that “all sums” allocation and vertical exhaustion applied in a case involving coverage for injuries related to asbestos exposure. The court based its holding on the language of the insurance policies, which included non-cumulation clauses or non-cumulation and prior insurance provisions.

The plaintiffs, Viking Pumps, Inc. and Warren Pumps, LLC acquired pump manufacturing businesses from Houdaille Industries in the 1980s. These acquisitions later subjected Viking and Warren to significant potential liability in connection with …

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Case Decisions / New York / Summary Judgment
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Highest New York Court Refuses to Pierce Corporate Veil, Citing Lack of Evidence Establishing Ford USA’s Part in the Chain of Distribution of Ford UK Products

The plaintiff alleged exposure to asbestos-containing brakes, clutches and engine parts while working on Ford tractors and passenger cars in Ireland. The plaintiff and his wife brought suit after he developed peritoneal mesothelioma. Ford USA moved for summary judgment, arguing the parts to which the plaintiff alleged exposure were manufactured, distributed and sold by its wholly-owned subsidiary, Ford UK. Ford USA further argued the complaint was devoid of allegations supporting the claim that the court should pierce the corporate veil. While there was no basis …

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Case Decisions / Federal Officer Jurisdiction / Remand/Removal / West Virginia
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Case Remanded Where GE Failed to Satisfy Requirements of Federal Officer Removal Due to Plaintiff’s Specific Disclaimer of No Naval Asbestos Exposure

In this case, the plaintiff claimed that he was exposed to asbestos and contracted mesothelioma from products allegedly manufactured, supplied, installed, and/or distributed by numerous defendants. The plaintiff asserted in the complaint that he served in the U.S. Navy from 1962–66 but provided the disclaimer that the “[p]laintiff was not exposed to asbestos and is not bringing any claim for exposure to asbestos-containing products during Plaintiff’s service in the Navy.”

One of the defendants, General Electric Company (GE), removed the case to the U.S. District …

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California / Case Decisions / Summary Judgment
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Summary Judgment Reversed on Appeal for Brake Shoe Grinder Manufacturer on the Basis of Foreseeable Hazard With Inevitable Use and Normal Operation of its Non-asbestos Containing Product

The plaintiff’s decedent, who developed breathing difficulties and lung damage as a result of asbestos exposure, filed a lawsuit in state court alleging that from approximately 1958-62, he was a mechanic who utilized brake shoe arcing machines (known as “grinders”) manufactured by the defendant for the purpose of grinding down/reshaping the friction material of brake shoes via mechanical abrasion. When a grinder came into contact with a brake shoe which contained asbestos in is lining, it would release asbestos into the air. Accordingly, it was …

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Case Decisions / New York / Significant Verdicts / Verdict Reduction
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New York Judge Vacates Award of Past and Future Pain and Suffering to Plaintiff Against Brake Grinder Manufacturer and Orders New Trial on Damages Unless Plaintiff Stipulates to Reduced Awards

The plaintiff, Walter Miller, filed suit against a number of defendants alleging that his mesothelioma was caused by exposure to asbestos through his use of a brake grinding machine manufactured by Ammco. At trial, the jury rendered a verdict in favor of the plaintiff and against the sole defendant remaining at trial, Hennessy Industries, Inc. (Ammco), in the amount of $25 million, consisting of $10 million for past pain and suffering and $15 million for future pain and suffering. A summary of that verdict can …

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Significant Verdicts
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American Optical Corporation Hit With $22M Verdict, $10M Punitive Damages in Asbestos Exposure Lawsuit

On April 26, 2016, a California jury decided to punish American Optical Corporation (AOC) with $10 million in punitive damages, tacking on to the $22 million verdict awarded to the plaintiffs on April 22. After a month-long trial that included the suit being removed to a California district court and remanded back down to the Los Angeles Superior Court, the jury deliberated for one day before determining that the AOC marketed a faulty respirator that exposed machinist Louis Tyler to asbestos.

Thus far, AOC’s attorney …

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California / Case Decisions / Summary Judgment
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Boilermaker Contractor Granted Summary Judgment Over Past Employee as No Proof Existed of Exposure Outside of His Work Directly for Contractor

The plaintiffs filed a wrongful death and survival action claiming their decedent, Michael Walashek, developed mesothelioma from his work as a career boiler maker from 1967-86. The plaintiff’s social security records listed his employers FBS, Inc. and Camass Company, along with others. The case was removed to federal court and FBS, Inc. moved for summary judgment. Previously, a gasket manufacturer and cloth manufacturer moved for and were granted summary judgment.  A summary of that decision can be found here.

Specially, FBS, Inc. argued that …

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Other Asbestos News
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World Health Organization Calls for Global Ban on the Production of Asbestos and its Use Due to Exorbitant Cost of Treatment

The World Health Organization (WHO) recently finalized a study that concluded that the costs of treating asbestos-related diseases are four times higher than the cost of producing asbestos materials. As a result, WHO has called for a global ban on the production of asbestos and its use.

This research was announced at a recent meeting of the Asia Pacific Cancer Leaders’ Summit in Brisbane, Australia, an area where the use of asbestos has significantly cost the population. Australia has one of the highest incidence of …

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Significant Verdicts
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Federal Arizona Jury Awards $17 Million in Damages from Asbestos Death of a Navy Civilian Employee

On April 22, 2016, a district court jury in Arizona found full damages for the wrongful death of George Coulbourn.  Mr. Coulbourn was a retired civilian employee of the U.S. Navy who was allegedly exposed to asbestos, developing mesothelioma, while working as a shipyard machinist in the Norfolk Naval Shipyard in Virginia from 1959–66. His duties of repairing and maintaining equipment on naval ships included regular removal of asbestos-containing packing and gaskets on defendant manufacturers’ valves.

Ultimately, the jury awarded $17 million in total damages. …

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Case Decisions / Federal Officer Jurisdiction / Maryland / Remand/Removal
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Defendant’s Failure to Warn Boilermaker Employees in the Shipyard Itself Prohibited Federal Contractor Defense

The decedent in this case died of mesothelioma and his representatives filed an action in state court. Defendant Foster Wheeler removed this case to federal court under the officer removal statute. The plaintiff moved to remand, which the court granted.

The plaintiffs alleged exposure during the decedent’s work at Bethlehem Steel Sparrows Point Shipyard, while working as a boiler maker from 1948-1970s. Foster Wheeler removed on the basis that it was acting under an officer or agency of the United States, because it made boilers …

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