LATEST INSIGHTS

Wooden judge gavel, close-up view.
Asbestos Litigation Analysis
Posted by:

Hawaii Court Grants Motion to Compel Genetic Testing in Asbestos Lawsuit

On August 30, 2023, a Hawaii court ruled on 3M’s motion to compel blood sampling for the purposes of genetic testing in an asbestos matter. Hawaii First Circuit Judge James H. Ashford granted 3M’s motion in the McCabe v. 3M Co., et al matter.

Plaintiff Randolph McCabe filed suit in Hawaii’s First District in October 2022.  McCabe worked as a warehouse employee for Acuron and Associated Insulation Co. from the early-to-mid 1980s. He alleged that although he occasionally wore respirators (including 3M’s 8710 model) he …

Continue Reading
Courtroom, Gavel And Law Books
California / Federal Officer Removal
Posted by:

Plaintiff’s Motion to Remand Case Removed under Federal Officer Removal Statute Denied

In this asbestos action, plaintiff Michael Marcus alleged that he developed mesothelioma from working with or around asbestos-containing products while serving in the United States Navy. The plaintiff brought claims of design defect and failure to warn against numerous defendants. Defendant Greene Tweed removed this case to federal court under the federal officer removal statute. The plaintiffs moved to remand the case to state court.

Under the federal officer removal statute, doubt is construed in favor of removal. A state court case may be removed …

Continue Reading
Business and lawyers discussing contract papers with brass scale on desk
Louisiana / Motions in Limine
Posted by:

Shipyard Defendant Receives Split Rulings on Motions in Robichaux Mesothelioma Matter

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

In ACT’s continuing coverage of the Robichaux mesothelioma matter pending in the United States District Court for the Eastern District of Louisiana — reported most recently here — before the court were two motions in limine, one filed by plaintiff and one by defendant, Avondale.

First, plaintiffs moved to exclude factual testimony provided by Avondale’s witness Danny Joyce. Plaintiffs argue that Joyce’s testimony was not based on personal knowledge and, as such, Joyce …

Continue Reading
Wooden judge gavel, close-up view.
New York / Summary Judgment
Posted by:

HVAC Defendant Summary Judgment Motion on Causation Grounds Denied

Court: Supreme Court of New York, New York County (NYCAL)

In this asbestos action, defendant SPX Cooling Technologies Inc., individually and as successor to Marley Cooling Technologies Inc., moved for summary judgment, arguing that plaintiffs failed to establish causation, and that defendant established a prima facie case for a lack thereof under Nemeth.

In its decision denying the motion, the court noted that Marley misstated plaintiff’s burden, as the standard set forth in Nemeth “represent[ed] an extraordinary post-trial remedy to set aside a jury …

Continue Reading
person testifying
New York / Summary Judgment
Posted by:

Valve Defendant Summary Judgment Motion Denied

Court: Supreme Court of New York, New York County (NYCAL)

In this asbestos action, defendant Crosby Valve LLC moved to dismiss the action, alleging that plaintiff, John Holland was not exposed to asbestos from any Crosby product. In opposition, plaintiffs highlighted Holland’s deposition testimony, which identified Crosby as a manufacturer. Plaintiffs also pointed to the purported lack of personal knowledge in Crosby’s supporting affidavit and the testimony of Crosby’s corporate affidavit, which confirmed asbestos-containing Crosby products.

Summary judgment motions are denied if the opposing party …

Continue Reading
Law theme. Judge chamber.
Louisiana / Motions in Limine / Summary Judgment
Posted by:

Defendants Unsuccessful On Motions to Preclude Experts and Summary Judgment

United States District Court for the Eastern District of Louisiana

In ACT’s continuing coverage of the Robichaux matter, Felton Robichaux filed suit in Civil District Court for the Parish of Orleans against a number of defendants alleging he was exposed to asbestos from products he worked with as an insulator and carpenter at Avondale Shipyard from 1961 to 1979.

In addition to his own employment at Avondale Shipyard, plaintiffs allege Robichaux was also secondarily exposed through contact with his brother, Junior Robichaux, who worked at …

Continue Reading
Close up of Male lawyer or judge hand's striking the gavel on sounding block, working with Law books, report the case on table in modern office, Law and justice concept
California / Discovery / Summary Judgment
Posted by:

Court Issues Final Orders Regarding Various Motions of Automotive Defendants

Jurisdiction: Superior Court of California, County of Los Angeles

Defendants Mercedes-Benz USA LLC, Morse Tec LLC, and American Honda Motor Co. Inc. filed various motions for summary judgment, or in the alternative summary adjudication, against the plaintiff Samson Bareh’s claims that he was exposed to asbestos from their products. In addition, the defendant, Volkswagen Group of America Inc., filed a motion to compel discovery.

Mercedes-Benz filed a motion for summary adjudication of the strict liability, negligence, and fraud causes of action, as well as the …

Continue Reading
Judge chamber with gavel
Adjudication / California / Summary Judgment
Posted by:

Summary Judgment and Adjudication Motions Filed by Three Automotive Product Defendants; Some Granted and Some Denied

Jurisdiction: Superior Court of California, County of Los Angeles 

In this asbestos action, three defendants filed motions for summary judgment, and in some cases, in the alternative, motions for summary adjudication, against plaintiff Ronald Carpenter’s claims that he was exposed to asbestos from their products.

First, defendant ZF Active Safety US Inc. argued that plaintiffs had no evidence that Carpenter was exposed to any asbestos-containing parts from ZF Active Safety. Specifically, ZF Active Safety served interrogatories asking plaintiffs to identify people with knowledge that Carpenter was …

Continue Reading
Courtroom, Gavel And Law Books
New York
Posted by:

NYCAL Judge Grants Joint Trial of Two Asbestos Cases

Jurisdiction: Supreme Court of New York, New York County

In this asbestos action, plaintiffs seek to join the Munna and LaMonica cases for joint trial. First, the court noted that the NYCAL CMO provides that two cases may be joined for joint trial if the plaintiffs can meet the Malcolm factors. However, the plaintiffs do not need to meet all of the factors for the court to join the cases for trial. The Malcolm factors include:

(1) common worksites;

(2) similar occupation;

(3) similar time …

Continue Reading
Business and lawyers discussing contract papers with brass scale on desk
Move to Remand / New York / Remand/Removal
Posted by:

Talc Manufacturer’s Removal Motion Denied Joinder; Case Remanded to State Court

Jurisdiction: United States District Court for the Southern District of New York; September 18, 2023

Plaintiff Ann Greenberg’s asbestos-related lawsuit against defendants Johnson & Johnson and Kolmar Laboratories asserts that she contracted an asbestos-related disease from her use of Johnson’s Baby Powder, whichshe alleged contained asbestos-contaminated talc.

Johnson & Johnson filed a motion to remove the action to federal court on August 27, 2021, invoking diversity jurisdiction pursuant to 28 U.S.C. § 1332(a). Plaintiff opposed, and Johnson & Johnson filed a timely reply alleging the …

Continue Reading