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Other Asbestos News
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The High Court Down Under Allows Earlier Cause of Action Accrual in Lawsuits Claiming Inevitable Onset of Mesothelioma

On October 7, 2015, the High Court of Australia dismissed the appeal of a negligent employer and held that where the contraction of mesothelioma was an inevitable result of asbestos exposure, the cause of action accrues shortly after the initial exposure as opposed to when the symptoms manifest.

This ruling came from a case in which the plaintiff inhaled asbestos fibers in the course of his employment. The plaintiff’s mesothelial cells changed quickly after the initial exposure, but the symptoms were not apparent until 2013 …

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Other Asbestos News
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Thoracic Surgeon Provides Heated Chemo, Hope for Veterans With Pleural Mesothelioma

Good news has come out of Boston for veterans suffering from mesothelioma.  Thoracic surgeon Dr. Abraham Lebenthal recently performed the first intraoperative heated chemotherapy procedure for a VA patient with malignant pleural mesothelioma, a procedure that should aid in this hard-fought battle against this cancer.  As Lebenthal said in an interview, “[f]or some veterans, it could mean the difference between long-term survival or not.”

While some doctors have differing opinions as to this heated chemotherapy’s effectiveness, Dr. Lebenthal has been lobbying for its use …

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Insurance Coverage
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Texas Federal Court Ruled Primary Carrier Was Entitled to Reimbursement for Settlement Payments But Not Defense Costs in Connection with Underlying Asbestos Cases

LGS Technologies, LP v. U.S. Fire Ins. Co., No. 2:07-CV-399, 2015 U.S. Dist. LEXIS 139085 (E.D. Tex. Aug 14, 2015)

On October 12, 2015, the district court from the Eastern District of Texas filed an order, accepting the report and recommendation of the Special Master in connection with an asbestos insurance coverage dispute between a variety of primary and excess carriers.   LGS Technologies, LP (LGS), a gasket company, had both primary policies from 1980-83 with ACE, primary policies from 1983-1993 and excess policies from 1986-1993 …

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Case Decisions / Summary Judgment
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Plaintiff’s Failure to Connect Replacement Parts to Pump Manufacturer Key To Upholding Summary Judgment on Appeal

Plaintiffs Jeffrey Lannes and Kristi Johnson appealed the district court’s grant of summary judgment to Flowserve, Jerguson Gage & Valve, and Warren Pumps. The Ninth Circuit affirmed the summary judgment.

Decedent Vernon Lannes was allegedly exposed to asbestos gaskets, packing, and insulation while serving in the Navy. The court noted that “…the defendants shifted the burden of demonstrating a material issue of fact by ‘pointing out … that there is an absence of evidence to support the [plaintiffs’] case.’” Regarding insulation on Warren Pumps, the …

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Insurance Coverage / Pennsylvania
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Court Applied Pennsylvania Law in Asbestos Coverage Case Based on Insured’s Residence

York Int’l Corp. v. Liberty Mut. Ins. Co., No. 1:10-CV-0692 (M.D. Pa. Oct. 13, 2015)

This decision involves a dispute over whether Pennsylvania or New York law would apply to an insurer’s duty to defend and indemnify an insured for asbestos-related claims. Due to the passage of more than 50 years between the period covered by the relevant policies and the initiation of the lawsuit, no party with firsthand knowledge of the negotiation and consummation of the policies could be identified, and complete copies of …

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Case Decisions / Summary Judgment / Wisconsin
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Distinction Between Gloves and Mittens Crucial In Granting Defendant’s Summary Judgment

Plaintiff Janice Herr alleged that Richard Herr died of mesothelioma due to his use of Airco-distributed, asbestos-containing gloves/mittens. Herr was a sculptor and art instructor who used insulated mittens to handle heated molds. He also used raw asbestos to make molds for his sculptures. Airco never manufactured insulated gloves or mittens, but distributed welding gloves and mittens with its logo. This case was remanded for further proceedings by the MDL 875 Court, after the MDL denied the summary judgment filed by Airco, the sole remaining …

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Asbestos Litigation Analysis
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Legislative Reform for Timely Disclosure of Settlements: What Do You Think?

Much has been made about the injustice of plaintiffs being able to game the system by potentially seeking excess recovery through a combination of claims asserted against bankruptcy trusts and in civil litigation. This has led to bankruptcy transparency legislation at the state and federal level, because defendants in asbestos litigation were being denied a full and fair opportunity to assess a plaintiff’s claim of asbestos exposure and to identify all the companies, both viable and bankrupt, that are allegedly responsible.  The fundamental principles are …

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Case Decisions / Summary Judgment / Washington
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Federal Court Grants Summary Judgment, Holding a Shipbuilder is a Service Provider, Not a Seller of a Product

The plaintiffs alleged that Glenn Hassebrock was exposed to asbestos while working as a union pipefitter at various shipyards.  The defendant shipbuilding company moved for partial summary judgment, seeking dismissal of the products liability claims on the grounds that the company acted predominantly as a service provider, rather than a distributor of asbestos-containing products.  The court agreed, finding that the shipbuilding company “was not in the chain of manufacturing and selling asbestos related products, rather it was providing the service of producing Navy vessels.  The …

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Significant Verdicts / Washington
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Ford Gets Defense Verdict Since Plaintiff’s Expert Could Not Proximately Link Disease to Chrysotile Exposure in Light of Previous Amphibole Exposure

In this federal court case, it was alleged that the plaintiff, Gregory Cannard, was exposed to asbestos insulation while serving in the Navy from 1965 to 1967, and while working for Lomac Motors from 1975 to 1978, where he allegedly ground asbestos head gaskets from Ford Motor Co. (Ford). At the time of trial, Ford was the only remaining defendant. At trial, the plaintiffs argued that the Navy and automotive exposures were indivisible and no single product could be identified as the cause of Mr. …

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Damages / New York / Significant Verdicts
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After Supplier Defaulted Through Nonappearance, Court Awarded Damages In Unopposed Proceeding

An Erie County, New York court has issued a decision on damages in a default action where damages and liability were uncontested following a two-day bench trial in an asbestos case involving Joseph Muir, a 58-year-old man living with mesothelioma.  Defendant Hedman Resources, Ltd. was the only remaining defendant. Hedman had been served with  the summons and complaint pursuant to alternative service granted by the court two years earlier. Hedman never appeared in the action and was in default at the time of the trial. …

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