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Other Asbestos News
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Exxon Mobil Pleads No Responsibility in Lawsuit Against Lockheed Martin Over Asbestos Litigation Bill

On April 4, 2016, Exxon Mobil Corporation brought suit against Lockheed Martin Corporation, seeking a declaration that the 1963 asset purchase agreement between Martin-Marietta, Lockheed’s predecessor, and Mobil Finishes does not give rise to an obligation to pay or reimburse costs that Lockheed Martin allegedly incurred or may incur with regards to alleging asbestos bodily injury claims against Lockheed or its predecessor.

This suit arises out of a letter in February sent from claims administrator Resolute Management Inc. seeking $16 million to cover costs of …

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Legislative Updates / Utah
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Utah Passes Asbestos Litigation Transparency Act

In an effort to halt asbestos fraud, Utah Governor Gary Herbert signed into law a bill to prevent plaintiffs’ lawyers from, on behalf of a single client, seeking money from multiple asbestos trusts while additionally bringing a lawsuit. As stated by Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform, this law “will ensure that companies and bankruptcy trusts both pay their fair share of recoveries to claimants. It will also help Utah manufacturing companies and protect jobs by ensuring that no more …

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Case Decisions / Florida / Pleadings Challenge
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Partial Motion to Dismiss of Talc Suppliers and Auto-Body Filler Granted Without Prejudice, Giving Plaintiff Time to Amend Claims of Concerted Acts and Intentional and Negligent Misrepresentation

This action was originally commenced by the plaintiff in the Southern District of New York and alleged that the decedent, Pedro Rosado-Rivera, was exposed to asbestos-containing auto-body filler while working in auto shops in New York (1959-1968), Puerto Rico (1968-1992) and then thereafter in Florida. The defendant BASF Catalysts LLC’s, joined by other defendants Superior Materials, Inc. and Whittaker, Clark & Daniels, Inc., motion to transfer the case to the middle district of Florida was granted. (BASF and Whittaker were talc suppliers and Superior was …

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Case Decisions / North Carolina / Punitive Damages / Summary Judgment
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Punitive Damages Not Allowed Against Bendix; Memos Showed a Corporation Struggling With Evolving Science on Asbestos and Mesothelioma

The plaintiff alleged that her husband was exposed to asbestos from brakes, and as a result died from mesothelioma. She sued Honeywell International, as successor-in-interest to Bendix, alleging negligence, breach of implied warranty, fraud, failure to warn, and wrongful death, and asked for actual and punitive damages. Bendix moved for summary judgment on the breach of implied warranty, fraud, and failure to warn claims, and punitive damages claims. The court denied summary judgment as to the breach of implied warranty and products liability claims, but …

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Case Decisions / Summary Judgment
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Various Bits of Evidence Insufficient to Reverse Grant of Summary Judgment to Four Defendants

After the decedent was diagnosed with mesothelioma, he and his wife filed suit against 31 companies alleging asbestos exposure. The case was removed to federal court and transferred to the Eastern District of Pennsylvania MDL. Four defendants — Crane Company, CBS Corporation (Westinghouse), Goulds Pumps, and Air & Liquid Systems Corporation (Buffalo) — were granted summary judgment by the Eastern District of Pennsylvania MDL, and the plaintiff appealed. The Fourth Circuit affirmed.

The decedent was a marine machinist at the Charleston Naval Shipyard from 1972-95, …

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Case Decisions / Louisiana / Remand/Removal
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U.S. District Court Exercises Supplemental Jurisdiction and Denies Plaintiff’s Motion to Remand

In this case, the plaintiff, Frank Williams, brought an action in the Civil District Court for the Parish of Orleans for exposure to asbestos while working as a mechanical engineer for Lockheed Martin. Lockheed Martin removed the case to on the basis of a potential federal defense.

The plaintiff filed a motion to remand, but the court declined to decide the motion and transferred the case to the Eastern District of Pennsylvania for consolidation into the Multi District Litigation “MDL.” Judge Robreno denied the motion …

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Case Decisions / New York / Summary Judgment
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Summary Judgment Overturned on Statute of Limitation Argument as No Proof Offered Linking Past Disease With Mesothelioma Diagnosis

In this take-home exposure case, the plaintiff was diagnosed with malignant epithelial mesothelioma (MEM) on or about August 5, 2010 and commenced her case against various defendants on November 5, 2012.  After joinder of issue and discovery, several defendants moved for, and were granted, summary judgment, arguing that the plaintiff’s action was time-barred pursuant to CPLR 214-c (2).  Under this statute, “the three year period within which an action to recover damages for personal injury . . . caused by the latent effects of exposure …

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Case Decisions / Maritime/Admiralty Law / Summary Judgment
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Summary Judgment to Shipbuilders Upheld on Appeal Since Ships Are Not Products and Rejection of Plaintiffs’ Every Exposure Claim

In this case, the decedent, James McIndoe, was alleged to have been exposed to asbestos pipe insulation while serving aboard the USS Coral Sea, built by Huntington Ingalls Inc., from 1961–63 and the USS Wordern, built by Bath Iron Works Corporation from 1966-67. The case was removed to federal court under the federal officer removal statute, and Huntington and Bath moved for summary judgment. The district court granted the motions “on the grounds that the ships were not products for purposes of strict liability …

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Other Asbestos News
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North Carolina Federal Judge Stays RICO Cases Against Asbestos Plaintiffs Firms

On Monday, March 28, 2016, Judge Graham Mullen of the Western District of North Carolina granted Garlock Sealing Technologies’ motion to stay the four racketeering lawsuits fired against it. Judge Mullen granted Garlock’s motion based on the parties’ “consent and for good cause shown.”

In its motion, Garlock explained that it reached an agreement on a consensual plan of reorganization with the representatives for all current and future asbestos claimants.  Under the plan, Garlock and its parent, Coltec Industries Inc., and ultimate parent, EnPro Industries …

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California / Case Decisions / Remand/Removal
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U.S. District Court for Northern California Grants Plaintiff’s Motion to Remand Case Based on Untimely Diversity Jurisdiction Removal

The plaintiff brought an action for alleged development of mesothelioma as a result of asbestos exposure on April 15, 2014. After the plaintiff passed on July 7, 2015, his wife filed a second amended complaint, adding a wrongful death and survival claim on October 28, 2015. The defendant removed the case based on diversity jurisdiction and the plaintiff’s moved to remand as untimely.

Although the removal statute requires removal within 30 days from date of service of the complaint, the defendant relied upon two arguments …

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