LATEST INSIGHTS

Asbestos Litigation Analysis / Science
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Big Picture Thinking About Headlines Involving “Cancer”: Is Cancer Environmentally-Induced or Due to “Bad Luck”?

When cancer causation is at the heart of a toxic tort case it is critical to remain abreast of current research in the field. A good toxic tort lawyer must consider not only the science that will help him win his case, but also maintain an awareness of the scientific research related to basic knowledge about cancer causation, cancer prevention, and cancer treatments. This knowledge will ultimately translate into better openings, direct examinations, cross examinations, and closings.

Last month we addressed some trial-specific thinking, …

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Case Decisions / Delaware / Summary Judgment
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District Court Adopts Report and Recommendation of Magistrate in Both Granting and Denying Summary Judgment to Various Defendants

The district court reviewed the report and recommendations of the U.S. Magistrate Judge, which recommended granting and denying summary judgment to various defendants. The court applied maritime law in granting summary judgment to Electrolux, ABB, Velan Valve, GE, CBS, Foster Wheeler, and Owens-Illinois, and denying summary judgment to Buffalo, Ingersoll-Rand (denied in part), Aurora, IMO, and Warren (denied in part). The court granted summary judgment on the issue of punitive damages to Ingersoll Rand and Warren, because the plaintiff failed to establish same.

The court …

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Other Asbestos News
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Japanese Court Finds Construction Materials Makers Liable for Failure to Warn About Asbestos Exposure

On January 29, 2016, the Kyoto District Court held that nine companies must pay 112 million yen in damages for selling materials without warning that they contained asbestos. Presiding Judge Kazumi Higa further ordered the government to pay 104 million yen for its failure to take preventative measures.

This lawsuit arose when a former construction worker filed a claim for damages for the lung cancer and mesothelioma contracted by inhaling asbestos at construction sites.  He demanded a payment of about one billion yen from the …

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Case Decisions / Illinois / Summary Judgment
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Gasket Manufacturers’ Motions for Summary Judgment and Motion to Change Venue Denied in Naval Exposure Case

In this federal court case, the plaintiff alleged he was exposed to asbestos in various products through the course of his employment in the 1960s and 1970s. He specifically alleged asbestos exposure from working with gaskets manufactured by Excelsior Packing & Gasket Company and Goodyear Tire & Rubber Company while serving in the Navy from 1970 to 1975 aboard the U.S.S. Surfbird and U.S.S. Hector. On both ships, the plaintiff’s duties included replacing gaskets on pumps, valves, and boilers. He testified to changing flange gaskets …

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Case Decisions / Pennsylvania / Summary Judgment
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Post-Bankruptcy Petition Malignancy Claim Not “Sufficiently Rooted” in Pre-Bankruptcy Past to Constitute Property of the Estate

In a follow-up to cases previously reported on in ACT, the plaintiffs in this case, Administrators of the Estate of Bjorn Dahl, alleged that the decedent, Mr. Dahl, was exposed to asbestos while working aboard various ships. The plaintiffs assert that the decedent developed two asbestos-related illnesses, a non-malignancy injury dating back to 1995 and a malignancy claim arising in 1997, as a result of his exposure to asbestos aboard those ships. In 1995, Mr. Dahl brought claims for non-malignant asbestos-related disease. Mr. Dahl’s …

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Missouri / Significant Verdicts
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Jury in St. Louis City, Missouri Awards Multi-Million Dollar Verdict to Wife of Lifelong Electrician

The plaintiff’s decedent was a lifelong electrician from 1963 to 2001 with a large number of work sites.  The decedent died of mesothelioma at age 72. After numerous co-worker depositions, the case proceeded to trial against defendant The Okonite Company. The jury found that Okonite was negligent and assigned it 5 percent of the total causal responsibility. The jury awarded: $165,000 medical expenses; $1,825,000 for decedent’s pain and suffering; $350,000 for pre-death loss of society and companionship; and $1,825,000 post-death loss of society and companionship, …

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Bare Metal/Component Parts / Case Decisions / South Carolina / Summary Judgment
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Valve Manufacturer Granted Summary Judgment Under Maritime Law Where it May Have Recommended, But Did Not Provide, Asbestos-Containing Flange Gaskets

In this federal court case, it is alleged that the decedent, Thomas Dandridge, was exposed to asbestos while working as a pipefitter and coppersmith at the Charleston Naval Shipyard from 1965 to 1976. It was claimed that the decedent was exposed to asbestos from a variety of products, including flange gaskets used to link Crane Co. valves to pipe lines. The case was originally brought in the court of common pleas in Charleston County and was later removed federal court, where Crane moved for summary …

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Bankruptcy Trusts / Case Decisions / Pennsylvania / Summary Judgment
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Two Rulings From MDL Allow Previously Dismissed Asbestos Claims to Proceed Against Various Ship Owners Despite Previous Dismissed Actions Not Listed as Assets in Bankruptcy

In a follow-up to six cases previously reported on in ACT, two more cases were decided in the United States District Court for the Eastern District of Pennsylvania. Both cases had started in the Northern District of Ohio, and were transferred to the MDL 875 in the Eastern District of Pennsylvania. In both cases, the plaintiffs brought claims against various ship owners represented by Thompson Hine LLP, and all alleged asbestos exposure while working on ships. All cases were administratively dismissed; after dismissal, the plaintiffs …

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California / Case Decisions / Damages
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California Appellate Court Affirms All of Trial Court’s Rulings in Extensive Damages Case Against Kaiser Gypsum

The plaintiffs in the case were a married couple who filed a claim for personal injury due to bystander asbestos exposure after the husband was diagnosed with mesothelioma. After a lengthy trial against defendant Kaiser Gypsum, the plaintiffs were awarded $21 million in compensatory damages but the jury could not reach a verdict regarding punitive damages. A retrial was ordered on this issue, and the second jury awarded $20 million in punitive damages, which the court reduced to just under $4 million. Defendant Kaiser Gypsum …

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Case Decisions / Illinois
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District Court Grants Defendants’ Motions to Dismiss for Lack of Jurisdiction Due to Plaintiffs’ Failure to Respond to These Motions

Defendants General Electric, Ingersoll-Rand, and CBS Corporation moved to dismiss for lack of jurisdiction. The plaintiff failed to respond to any of these motions. The court cited Local Rule 7.1(c) in using its discretion to construe this failure to file a timely response as an admission of the merits of the motion. “Here, Defendants are not incorporated nor maintain their principal place of business in Illinois.  Further, Defendants’ affiliations with Illinois are not ‘so continuous and systematic’ as to render Defendants at home in Illinois.  …

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