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Louisiana / Remand/Removal
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Court Finds Shipyard Defendants’ Removal Timely Based on Plaintiffs’ Supplemental Discovery Responses; Remand Denied

U.S. District Court for the Eastern District of Louisiana, March 19, 2021

Decedent Frank Labarre worked as a tire repairman or salesman in automobile shops throughout Louisiana throughout his career. In 2016, Mr. Labarre was diagnosed with a “probable asbestos-related lung condition,” and he passed away in 2018. The plaintiff alleged that by performing brake jobs and by performing work at various premises, including those of Avondale, he was regularly exposed to asbestos-containing brake products. Avondale was a customer of the decedent for over four …

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New York
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Signed Unopposed Summary Judgment Motions and Orders Vacated in NYCAL Due to Law Office Failure

Supreme Court of New York, New York County, March 15, 2021

In this asbestos action, the plaintiff’s counsel signed two unopposed summary judgment motions and orders submitted by counsel for Nash Engineering and Atwood & Morrill, respectively. The plaintiff’s counsel filed a motion to vacate the orders pursuant to NY CPLR § 5015(a)(1), and defense counsel opposed the motions. Ultimately, Justice Silvera granted the plaintiff’s motion to vacate both orders.

Under NY CPLR § 5015(a)(1), a motion to vacate a default judgment or order can …

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Rhode Island / Summary Judgment
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Valve Manufacturer’s Motion for Summary Judgment Denied

Superior Court of Rhode Island, Providence, March 16, 2021

On June 17, 2011, The plaintiffs filed a complaint, alleging that the decedent, Walter Burdick, died as a result of exposure to asbestos or asbestos-containing products sold, manufactured, or distributed by the defendants, including NIBCO, Inc. during the decedent’s employment as a laborer, mechanic, maintenance man, boiler operator, pipefitter, machinist, and welder at various steam plants and construction sites throughout Pennsylvania and New Jersey beginning in the mid-1940s. 

During discovery, NIBCO deposed the decedent, who testified to having worked …

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Appeal / Summary Judgment
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Premises and Contractor Defendants’ Summary Judgment Affirmed

Court of Appeals of Iowa, March 17, 2021

The decedent, Charles Beverage, was employed as an independent contractor at an aluminum plant between the 1950s and the mid-1970s. After his passing in October 2015, the decedent’s estate filed a products liability suit against several the defendants alleging the decedent was exposed to asbestos during his employment, and as a result contracted mesothelioma. Two defendants, the aluminum plant’s owner, Alcoa, Inc. and an installer of insulation, Iowa-Illinois Taylor Insulation, Inc. (IITI) filed motions for summary judgment …

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Federal Officer Removal / Maritime/Admiralty Law / Remand/Removal
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Plaintiff’s Motion to Remand Denied Based on Federal Officer Removal

U.S. District Court for the Eastern District of Louisiana, March 16, 2021

The plaintiff filed suit against Avondale and Lamorak Insurance Co. (defendants) in state court on February 12, 2020. The defendants removed the case under the federal officer removal statute alleging that the lawsuit pertains to action by Avondale’s taken pursuant to the direction of a federal officer. By way of background, this case rises out of Harvel A. Landreaux’s (the plaintiff) alleged exposure to asbestos while working as an employee of defendant Avondale …

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Mesothelioma
New York / Summary Judgment
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Summary Judgment Granted to Ceramic Manufacturer Based on Asset Purchase Agreement

Supreme Court of New York, New York County, March 10, 2021

Defendant Gare Incorporated filed this instant motion for summary judgment pursuant to CPLR 3212. The plaintiffs allege that Lorraine Berger’s (the decedent) June 22, 2018 diagnosis of mesothelioma was causally connected to her asbestos exposure from Gare asbestos-containing products. Gare’s motion contends that Gare has no liability for claims or litigation based on events occurring before July 21, 1983.

Here, Gare avers that it cannot be held liable for the decedent’s exposure to Gare products …

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Expert Challenges / Summary Judgment
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Talc Manufacturer’s Motion for Summary Judgment Denied Due to Conflicting Expert Reports

Supreme Court of New York, New York County, March 11, 2021

Defendant Vanderbilt Minerals LLC filed this instant motion for summary judgment, pursuant to CPLR 3212, dismissing all claims and causes of action, including any and all cross claims, against Vanderbilt or in the alternative granting partial summary judgment in favor of Vanderbilt as to any and all claims and causes of action, including cross-claims, relating to products manufactured by defendant American Art Clay Company, Inc. (AMACO). The plaintiff opposes the motion.

The case at issue …

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Insurance Coverage / South Carolina
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Federal Court Declines to Enjoin Receiver from Pursing Coverage Claims and Defenses in Receivership Court

U.S. District Court for the District of South Carolina, March 1, 2021

The issues before the court arise from an insurance coverage action in which the parties disputed the rights and obligation of Covil under a policy allegedly issued to it and whether injuries in underlying asbestos actions are within the products and completed operations hazard of the policies, as well as the proper method for allocating injury across multiple policy years.

The action was initially filed in state court by the appointed receiver for …

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FELA / Summary Judgment / Washington
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Railway Defendant’s MSJ Denied on Statute of Limitations Defense Due to Decedent’s Constructive Knowledge Relating Workplace Exposures to Cancer

Decedent Gene Sponcler worked for over 40 years for defendant BNSF Railway Company and its predecessor in interest as a laborer, brakeman, and conductor. The decedent was diagnosed with kidney cancer in late 2010 (the exact date is disputed by the parties) and passed away on January 25, 2016. The decedent’s wife filed this action on January 24, 2019, one day short of three years after the decedent’s passing.

BNSF seeks summary judgment and contends that the plaintiff’s claims brought under the Federal Employers’ Liability …

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Maritime/Admiralty Law / Summary Judgment / Washington
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Shipyard Defendant’s MSJ Granted as Plaintiffs Failed to Establish the Amount and Duration of Decedent’s Exposure

U.S. District Court for the Western District of Washington, March 4, 2021

Defendant Puget Sound Commerce Center, Inc. formerly known as Todd Shipyards Corporation filed an amended motion for summary judgment/partial summary judgment. The plaintiffs allege the decedent John Dale Wineland worked at Todd Shipyards in 1974, where he was negligently exposed to asbestos, including asbestos-containing insulation supplied by Todd Shipyards, and that this exposure caused the decedent’s mesothelioma and death. Todd Shipyards seeks dismissal of both the negligence and strict liability claims asserted against …

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