LATEST INSIGHTS

North Carolina / Summary Judgment
Posted by:

Summary Judgment Granted to Three Manufacturers on Causation Grounds

U.S. District Court for the Middle District of North Carolina

Defendants Fisher Controls International LLC, Covil Corporation, and ViacomCBS Inc., successor-in-interest to Westinghouse Electric Corporation each have filed a motion for summary judgment. Additionally, the plaintiffs have filed for summary judgment against Daniel International Corporation.

By way of background, the plaintiffs allege that Mr. Kerry Vinson’s diagnosis of mesothelioma was because he was exposed to asbestos-containing materials, product and equipment through his 37-year career at Fiber Industries in Salisbury, North Carolina, and that this exposure …

Continue Reading
Pennsylvania / Personal Jurisdiction
Posted by:

Court Recommends Denial of Defendants’ Motions to Dismiss Finding Court had Subject Matter Jurisdiction and Personal Jurisdiction

U.S. District Court for the Western District of Pennsylvania, February 11, 2021

The decedent was allegedly exposed to asbestos dust and fibers during his employment with the U.S. Navy and other various employers. He developed mesothelioma in 2018 and died from complications in February 2020. The decedent’s wife brings this lawsuit against various defendants alleging that they engaged in the mining, milling, manufacturing, distributing, supplying, selling and/or using and/or recommending and/or installing and/or removing asbestos materials and other dangerous ingredients and products which caused decedent …

Continue Reading
California / Summary Judgment
Posted by:

Navy Defendants’ Motion for Summary Judgment Denied as Factual Disputes Remained to Claimed Defenses

U.S. District Court of the Eastern District of California, February 10, 2021

The defendants’ motion for summary judgment was before the court. The court denied the motion finding several genuine issues of material fact remained unresolved.

First, the court found it was disputed as to whether exposure to defendants’ products was a “substantial factor in contributing to the aggregate dose of asbestos the . . . decedent inhaled or ingested.” The court concluded a reasonable fact-finder could conclude the plaintiff worked with Cutler-Hammer motor controllers …

Continue Reading
Mississippi / Summary Judgment
Posted by:

Brake Manufacturer Obtains Summary Judgment on Causation and Punitive Damages Grounds

U.S. District Court for the Southern District of Mississippi, Southern Division

In this action, the plaintiffs allege that Mr. Dickens was exposed to asbestos from his work with brakes and clutches manufactured by Defendant, Ford Motor Co. Ford moved for summary judgment on causation and punitive damages grounds. Ultimately, the court granted both motions and dismissed the plaintiff’s complaint against Ford with prejudice.

With regard to the causation issue, the court first noted that the Mississippi State Court has adopted the “frequency, regularity, and proximity” …

Continue Reading
Worn work gloves lying on concrete floor
New York / Summary Judgment
Posted by:

Partial Summary Judgment Granted to Glove Manufacturer Based on Acquisition Agreement

Supreme Court of New York, New York County

Defendant CSC Scientific Company, Inc. filed the present motion for summary judgment arguing that the plaintiffs have failed to identify a CSC product as a source of decedent’s asbestos exposure over a period from 1976 to 1979 or at any other time. By way of background, this matter arises from decedent Michael Love’s diagnosis of mesothelioma on July 31, 2018, which led to his death on November 9, 2019.

CSC argued that the absence of evidence of …

Continue Reading
judge with gavel
Delaware / Summary Judgment
Posted by:

Summary Judgment Awarded to Defense Contractor in Aircraft Case under Texas Law

U.S. District Court for the District of Delaware, February 8, 2021

The plaintiffs alleged that the decedent, Arthur L. Carnes, was exposed to asbestos while serving in the United States Air Force from December 1955 to February 1964. Mr. Carnes was stationed as a mechanic at Plattsburg Air Force Base in New York from 1955 to 1961, and was then stationed at Carswell Air Force Base in Fort Worth, Texas from 1961 to 1964. Throughout his service, he inspected aircraft and worked as a crew …

Continue Reading
Louisiana / Summary Judgment
Posted by:

Summary Judgment Affirmed; Mere Presence of Asbestos Materials Insufficient for Causation

Court of Appeal of Louisiana, Fourth Circuit

From 1975 to 1977, the decedent participated in the construction of a Marathon oil refinery while employed by Parsons Government Services, Inc. Parsons filed a motion for summary judgment, arguing the decedent could not establish that he was exposed to asbestos from his work as a pipefitter at the Marathon refinery during the aforementioned time period. One business day later, Marathon filed an ex parte motion to join in several motions. The plaintiff opposed Parsons and Marathon’s motions …

Continue Reading
Louisiana / Remand/Removal
Posted by:

Motion for Remand Denied; Plaintiff Withheld Notice of Settlement of Non-Diverse Defendant

U.S. District Court for the Eastern District of Louisiana

In June 2019, the plaintiff filed a lawsuit against multiple defendants alleging that he developed asbestos-related lung cancer. In December 2020, defendant Exxon Mobil removed this matter to the U.S. District Court for the Eastern District of Louisiana pursuant to 28 U.S.C. § 1332. One month later, the plaintiff filed a motion to remand the matter to the Civil District Court of Orleans Parish.

First, the plaintiff contended that Exxon’s removal was untimely as Exxon filed …

Continue Reading
Louisiana / Summary Judgment
Posted by:

Sealant Manufacturer Granted Summary Judgment in Shipyard Case

U.S. District Court for the Eastern District of Louisiana, February 1, 2021

Plaintiff William Hulin Sr. was diagnosed with lung cancer and alleged that he was exposed to asbestos during the course of his employment at Avondale Shipyards. He sued numerous defendants, including Bayer CropScience, as successor to AmChem Products, Inc. in state court, and his case was subsequently removed to federal court in the Eastern District of Louisiana.

Bayer moved for summary judgment, arguing that the plaintiff had not introduced evidence showing that he …

Continue Reading
Asbestos Litigation Analysis
Posted by:

New York City to Remain a “Judicial Hellhole” in 2021? Only Time Will Tell

While 2020 delayed many aspects of litigation due to the COVID-19 pandemic, some jurisdictions such as New York City still managed to hold its title as one of the nation’s top judicial hellholes. As previously reported by the Asbestos Case Tracker, as of November 13, 2020, New York terminated the scheduling of any new jury trials.

However, according to American Tort Reform Foundation 2020-21 Judicial Hellholes, New York City still managed to see a dramatic increase in nuclear verdicts. These multimillion-dollar awards were …

Continue Reading