Asbestos Case Tracker

March 7, 2023 Louisiana / Motion to Remand

District Court Finds Defendant Has Colorable Federal Officer Statutory Defense, Denies Plaintiffs’ Motion to Remand

Court: United States District Court for the Eastern District of Louisiana

This is an asbestos-related lawsuit claiming that Shelton Boutte contracted lung cancer from alleged exposure to asbestos during his career as a rigger at the Avondale Shipyard from 1973 to 1975. Plaintiffs bring this lawsuit against defendant, Huntington Ingalls, as successor in interest and party responsible for the Avondale Shipyard. Plaintiffs originally filed this lawsuit in Civil District Court for the Parish of Orleans. Defendant removed the case to district court, and in response, …

March 3, 2023 California / Remand/Removal

Posted by: Elizabeth M. Lautenbach

Case Remanded to California State Court; Plaintiff Awarded Motion Costs and Fees

Court: United States District Court for the Northern District of California

In this asbestos action, plaintiff Gary Haeck sued several defendants for causes of action in strict products liability, negligence, fraud, and loss of consortium, including five entities that are California citizens.

Haeck moved for an expedited trial, which the court granted for December 2022. Defendant 3M moved to quash, or sever, the trial date as to them. The court severed two defendants, including 3M, from the December 2022 trial date and set a trial …

March 1, 2023 Bankruptcy Trusts

Posted by: Jillian E. Madison

2022 Fourth Quarter Asbestos Bankrupt Trust Alert

The end of 2022 saw a number of changes to the asbestos bankruptcy trusts, including site list updates to half of the trusts that saw changes during this time. As the Asbestos Case Tracker previously reported, the trend of trusts decreasing their percentage payments continued in the fourth quarter of 2022, with three more trusts doing so. Most notably, the Owens-Illinois Asbestos Personal Injury Trust was formed in 2022 as a result of the bankruptcy of Paddock Enterprises, LLC and its wholly owned subsidiaries to …

February 28, 2023 New York / Summary Judgment

Posted by: Jillian E. Madison

Defendant’s “Conclusory” Affidavit Not Enough to Meet Burden on Summary Judgment

Court: Supreme Court of New York, New York County

In this asbestos-related lawsuit, defendant, Perkins Engines, filed a motion for summary judgment arguing that plaintiff could not have used its brakes, clutches, or gasoline engine gaskets. In support of its motion, defendant proffered the affidavit of Kevin Klein, a technical coordinator in Litigation Technical Support for Caterpillar Inc. Klein asserted the defendant never manufactured, designed, or distributed any brakes or clutches, and that it supplied gaskets only for diesel engines. According to the defendant, partial …

February 27, 2023 Louisiana / Summary Judgment

Posted by: Andrea M. Sciarratta

Inconsistent Testimony Not Sufficient to Preclude Summary Judgment for Employer Defendant

Court: Court of Appeal of Louisiana, Fourth Circuit

In this fact-specific case, the plaintiff alleged the decedent Joyce Allen was exposed to asbestos through her husband, Odell Allen, who worked as a longshoreman and freight handler for various employers on the New Orleans riverfront from the 1960s to the 1980s. Defendant Ports America filed a motion for summary judgment, asserting there was no evidence Allen was exposed to asbestos while employed by Ports America. In support of its motion, Ports America submitted depositions of its …

February 27, 2023 Expert Testimony / New Jersey / Summary Judgment

Posted by: Andrea M. Sciarratta

Defendant Obtains Summary Judgment Due to Inadmissible Expert Testimony

Court: Superior Court of New Jersey, Appellate Division

Decedent Joseph Murray worked for the defendant Consolidated Rail Corporation (Conrail) from 1976 to 2011 as a brakeman/conductor. His wife filed a wrongful death and survival action citing the Federal Employers’ Liability Act (FELA), 45 U.S.C. §§ 51-60, and the Locomotive Inspection Act, 49 U.S.C. §§ 20701-20703. The plaintiff alleged that decedent had been exposed to harmful amounts of asbestos and various fumes while working for Conrail and that his lung cancer, tongue cancer, and subsequent death …

February 24, 2023 General / Kansas

Posted by: Elizabeth M. Lautenbach

Defendant’s Motion to Compel Settlement Agreements Granted

Court: United States District Court for the District of Kansas

In this action, plaintiff Dennis Dickenson filed suit after being diagnosed with mesothelioma and subsequently settled with two companies. Defendant Henkel moved to compel any, and all, settlement agreements and communications relating to those settlements. The plaintiff opposed the motion, arguing he should not be required to turn over the settlement agreements and communications as such information is not discoverable.

Ultimately, the court granted a portion of Henkel’s motion seeking settlement agreements. Henkel argued the …

February 17, 2023 Summary Judgment

Posted by: Erin Miter Scanlon

Summary Judgment to Navy Pump and Valve Manufacturers Overturned on Appeal

Superior Court of Pennsylvania

This case involved a deceased mesothelioma claimant, Thomas Korol, who alleged that he was exposed to asbestos while serving as a fireman and fireman’s apprentice aboard the U.S.S. Dahlgren from 1961 to 1963. Mr. Korol died prior to being deposed and, as such, the plaintiffs had to rely on three fact witnesses who were deposed regarding their time spent on the U.S.S. Dahlgren, allegedly at the same time as Mr. Korol. One of the fact witnesses recalled working with Mr. …

February 17, 2023 Appeal / Louisiana

Posted by: Elizabeth M. Lautenbach

$5.5 Million Wrongful Death Damages and Pre-Judgment Interest Awards Affirmed on Appeal

Court of Appeal of Louisiana, Fourth Circuit

In this asbestos action, David Stauder Jr. (decedent) developed mesothelioma after working as a pipefitter for two decades. His daughters, Jill and Shelley Stauder (appellees) brought a survival action and wrongful death action against several defendants. Following a trial in December 2021 where Union Carbide Corporation (UCC) was the sole remaining defendant, the jury found UCC negligent and strictly liable for the decedent’s injuries. The jury apportioned 20% to UCC. As pertinent to this appeal, the jury awarded …

February 10, 2023 Bankruptcy

Posted by: Stephen Jenkins

Third Circuit Court of Appeals Rejects Johnson & Johnson’s Bankruptcy Plan to Handle Their Baby Powder Litigation

On January 30, the U.S. Court of Appeals for the Third Circuit dismissed the talc bankruptcy filing of Johnson & Johnson’s subsidiary, LTL Management, LLC. After hearing arguments in September, the Third Circuit ultimately reversed the decision from New Jersey Bankruptcy Court and held that LTL was not in the financial distress required because of the value and quality of its assets and was therefore ineligible to petition the bankruptcy court for relief under Chapter 11.

Johnson & Johnson’s plan, as a corporate restructuring …