Electrical Equipment Manufacturer’s Motions to Preclude Expert Testimony and for Summary Judgment Denied

U.S. District Court for the Southern District of New York, March 28, 2022

In this asbestos action, plaintiff Arnold Pritt alleged that he was exposed to asbestos during his service in the U.S. Navy, and over the course of his career as a civilian electrician. Mr. Pritt was diagnosed with mesothelioma in September 2019. On October 10, 2019, he filed suit in New York State Supreme Court against a variety of defendants, including the General Electric Company (GE). The case was subsequently removed to federal …

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Brake Machine Defendant Summary Judgment Decision Reversed on Appeal

Superior Court of Delaware, March 28, 2022

In this asbestos action, plaintiff Shelley Droz alleged that her husband, Eric Droz, was diagnosed with mesothelioma as a result of his exposure to asbestos while using an arc grinding machine to resurface brake shoes. She alleged that Hennessy’s predecessor-in-interest manufactured the arc grinding machine, and further alleged that Hennessy knew that the grinding process generated asbestos-containing dust, and had a duty under Washington State law to warn Mr. Droz about the potential dangers of exposure to asbestos …

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Final Judgment and Imposition of Sanctions Affirmed Against Automotive Defendant

Superior Court of New Jersey, Appellate Division, March 24, 2022

In this asbestos action, Deborah Marino (the plaintiff) alleged that her mother, Anita Creutzberger (the decedent), developed peritoneal mesothelioma from the decedent’s history of washing her husband’s and son’s clothing following their automotive work.  The plaintiff sued Ford Motor Company, among other defendants. During discovery in an unrelated case, Matthew Fyie, Ford’s employee designated to search for responsive discovery, testified that he did not review documents prior to his deposition as there were no documents …

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Federal Court Exercises Supplemental Jurisdiction in Shipyard Case

U.S. District Court for the Eastern District of Louisiana, March 17, 2022

In this asbestos action, decedent Joseph B. Savoie, Jr. developed mesothelioma after being exposed to asbestos at the Avondale Shipyards. Certain defendants removed this matter to federal court in 2015. Following the plaintiff’s motion to remand, the Fifth Circuit held that removal was proper as the “Avondale Interests presented a colorable defense of federal contractor immunity” in 2017. The Avondale Interests were dismissed in 2021. Thereafter, the plaintiffs filed a motion to remand …

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Talc Case Remanded as Defendant Failed to Show Complete Diversity or Improper Joinder

U.S. District Court for the Southern District of Texas, Houston Division, March 17, 2022

In this asbestos action, plaintiff Naomi Wisener alleged that several defendants manufactured or supplied asbestos-containing products which exposed her to asbestos. Wisener commenced this action in state court (14th Judicial Court of Dallas County, Texas). Defendant Revlon removed the matter to federal court (United States District Court for the Northern District of Texas). Thereafter, Wisener moved to remand the matter to state court.

As the party removing the matter to …

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Electric Product Manufacturer Successful on Summary Judgment After Court Finds No Evidence of Exposure to Defendant’s Products

U.S. District Court for the Eastern District of Louisiana, March 14, 2022               

The plaintiff, Marsha Roussell, filed an asbestos-related lawsuit alleging that she was secondarily exposed to asbestos via work performed by her father, Asward Theriot, and her uncle, Tracy Theriot, which caused her to be diagnosed with mesothelioma. Plaintiff alleged her father and uncle worked with products manufactured by defendant ViacomCBS, Inc., f/k/a CBS Corporation, f/k/a Viacom Inc., successor by merger to CBS Corporation, f/k/a Westinghouse Electric Corporation while employed at Avondale Shipyard at …

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Summary Judgment Affirmed and Reversed for Three Premises Defendants Relating to Several Duty Issues

Court of Appeals of Georgia, Fourth Division, March 10, 2022

In this asbestos action, plaintiff Kevin Sinyard developed malignant pleural mesothelioma following a 25-plus year career as a pipefitter. Sinyard commenced an asbestos-related action against several defendants. Three of the defendants include premises defendants (Georgia Power, Ford Motor Company, and Piedmont Hospital), where Sinyard worked from 1975 until 1989. The trial court granted summary judgment to all three defendants. Following the plaintiff’s appeal, the Court of Appeals affirmed in part and reversed in part the …

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Jury Awards $36.5 Million in Compensatory and Punitive Damages to Former W.R. Grace Worker

The Asbestos Case Tracker has been following developing issues regarding hundreds of asbestos exposure cases involving plaintiffs who worked for W.R. Grace at the Libby, Montana mine and facilities. Recently, a Great Falls, Montana jury awarded $36.5 million dollars to Ralph Hutt, an Oregon man who worked at the Libby mine. Hutt’s matter is a bellwether case, which is the first of more than 800 cases filed against Maryland Casualty Company (MCC), provider of workers’ compensation coverage to Grace from 1963 until 1973, to go …

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Court Denies Boiler Defendant’s Motion for Summary Judgment in Maritime Case

U.S. District Court for the Eastern District of Virginia, Norfolk Division, March 3, 2022

Plaintiff Jerome Gehant served in the US Navy from 1967 until 1970 on the USS America as a boiler technician. The plaintiff alleges that the insulation, gaskets, insulating cement, and packing on, around, and inside the boilers contained asbestos. He specifically claims that the Foster Wheeler boilers on the ship did not contain warnings about the dangers of asbestos, and that Foster Wheeler knew that asbestos and asbestos-containing products posed a …

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Plaintiffs Judgment Against Joint Compound Manufacturer Affirmed on Appeal

Court of Appeals of Washington, Division One, February 22, 2022

The plaintiffs, Raymond Budd and his wife, sued Kaiser Gypsum Company, Inc. (Kaiser) and others for damages, alleging that Kaiser’s joint compound product caused Mr. Budd’s mesothelioma.  The plaintiffs sued Kaiser for negligence and strict liability, premised upon failure to warn and defective design theories. The jury returned a verdict in favor of the plaintiffs and awarded them nearly $13.5 million. Kaiser appealed, raising nine claims, including the following: (1) lack of proximate causation, (2) lack …

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