Asbestos Case Tracker

July 14, 2020 Louisiana / Summary Judgment

Defendant’s Motion for Summary Judgment Denied Due to Genuine Question of Material Fact

U.S. District Court for the Eastern District of Louisiana, July 13, 2020

In the instant complaint, Marcela Lopez, the decedent’s wife and Federico Lopez III, the decedent’s surviving child, allege that Federico Lopez was exposed to asbestos-containing products while employed as a welder/pipefitter at Kellog Brown and Root between 1973 and 1986 and that he contracted malignant mesothelioma as a result of such exposure. Approximately one year later, plaintiffs Jessica and Alfred Soliz filed suit in the 19th Judicial Court for the Parish of East …

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Posted by: Asbestos Case Tracker

Court of Appeals Reverses Dismissal of Asbestos Manufacturer Based on Lack of Personal Jurisdiction

Court of Appeals of Washington, Division One, July 13, 2020

In Noll v. Special Electric Co., the Court of Appeals of Washington, Division One, recently opined on an order of remand regarding the trial court’s dismissal of an action because the court lacked personal jurisdiction over the defendant. The trial court concluded that the plaintiff did not allege sufficient facts for Washington to exercise specific jurisdiction over the defendant. In granting the defendant’s original motion, the court held that the plaintiff failed to allege …

July 9, 2020 New York

Posted by: Jillian E. Madison

Talc Manufacturer’s Motion to Dismiss on Forum Non Conveniens Denied

Supreme Court of New York, New York County, July 1, 2020

Glynnis Gale DeKlerk (the decedent) was born in South Africa in 1951 and lived there until 2017, when she and her husband moved to the United Kingdom. She was diagnosed with malignant mesothelioma in February of 2018 and died on January 20, 2019. The plaintiff commenced this action in New York on July 27, 2018 seeking to recover for injuries sustained by the decedent resulting from her alleged exposure to asbestos from talc and …

July 9, 2020 New York / Summary Judgment

Posted by: Jillian E. Madison

Floor Tile Manufacturer Granted Summary Judgment on Both General and Specific Causation

Supreme Court of New York, New York County, June 25, 2020

The plaintiff, Carletto Lamenta (the decedent), was diagnosed with lung cancer in October of 2017 and subsequently filed this lawsuit alleging his injuries were a result of his occupational exposure to asbestos. The decedent’s deposition took place over the course of seven days, during which he testified that he was exposed to asbestos in a variety of ways, including from his work with ABI’s Amtico vinyl asbestos floor tiles from the 1970s through the mid-1980s.

ABI filed a …

July 8, 2020 California / Summary Judgment

Posted by: Jessica Saad

Cooling Tower Defendant Granted Summary Judgment Due to Lack of Product ID

United States District Court for the Northern District of California

In the instant complaint, the plaintiffs allege that Ronald Viale used, handled, or was otherwise exposed to asbestos and asbestos containing products provided by or manufactured by the defendants, that he contracted the terminal cancer, mesothelioma as a result of such exposure, and that, in July 2018, he died. Based on these allegations, plaintiffs, who are, respectively, the decedent’s wife and daughter, asserted against defendant SPX the following four Causes of Action: “Negligence,” “Strict Liability,” “False Representation,” …

July 7, 2020 Louisiana / Summary Judgment

Posted by: Asbestos Case Tracker

Premises Owner Obtains Summary Judgment Based on Lack of Vicarious, Strict, and Direct Liability

U.S. District Court for the Eastern District of Louisiana, July 6, 2020

In Lopez v. McDermott, Inc., pending in the U.S. District Court for the Eastern District of Louisiana, Exxon Mobil moved for summary judgment. In the operative complaint, the plaintiffs allege that Mr. Lopez (the plaintiff) was exposed to asbestos-containing products while employed as a welder/pipefitter at Kellogg Brown & Root between 1973 and 1986, which caused him to develop malignant mesothelioma. With regard to Exxon, the plaintiffs’ claims against them sounded in …

July 6, 2020 Asbestos Litigation Analysis

Posted by: Karen A. Cullinane

Iowa Breaks Ground with Asbestos Litigation Over-Naming Law—The First of its Kind in the U.S.

Over the past year, an increasing number of state legislatures are considering bills or have passed legislation intended to promote fairness, clarity, and efficiency in asbestos litigation throughout the country. (For example, New York is currently considering a bill that would promote transparency in plaintiffs’ asbestos bankruptcy trust proof of claim submissions, a development ACT previously covered). Iowa, which has recently successfully passed various types of tort reform, is particularly notable despite not being an asbestos litigation national hot spot. Following codification of …

July 6, 2020 Delaware

Posted by: Andrew Scholz

Delaware Superior Court: Decedent’s Exposure Affidavit Admissible

Superior Court of Delaware, New Castle, July 1, 2020

A Delaware lower court has determined that an affidavit signed by a deceased plaintiff is admissible under that state’s “residual exception” to hearsay rules. Specifically, in Ogg, the plaintiff signed an affidavit regarding his work history prior to being hospitalized for end stage pulmonary fibrosis. After being discharged from the hospital, and about two weeks prior to his deposition, the plaintiff signed a second affidavit. The plaintiff passed away two days prior to a scheduled deposition. …

July 2, 2020 Minnesota / Statute of Limitations / Summary Judgment

Posted by: Jillian E. Madison

Summary Judgment Upheld for Brake Manufacturer Based on Statute of Limitations

Supreme Court of Minnesota, July 1, 2020

In 2009, Gary Palmer’s (the decedent) pulmonologist informed him that he had calcium deposits on his lungs due to asbestos exposure. On December 24, 2011, the decedent was diagnosed with mesothelioma and in January 2012, he learned that asbestos exposure had caused his mesothelioma. The decedent passed away on March 1, 2015.

On February 23, 2018, Appellant, Deborah Palmer, filed this action against Honeywell International (the manufacturer of Bendix brakes) (Bendix) under Minn. Stat. § 573.02, subd. 3 (2018).

The appellant alleged the decedent …

July 2, 2020 Tennessee / Verdict Reduction

Posted by: Jillian E. Madison

Defendant’s Interpretation of Statutory Damages Cap Upheld on Appeal

Court of Appeals of Tennessee, Nashville, June 30, 2020

A jury trial was conducted on behalf of the plaintiff, Lois Irene Davis, who sued multiple companies alleging her husband, James William Davis (the decedent), was exposed to asbestos-containing materials at his workplace which caused him to develop mesothelioma and die. Prior to the start of trial, the plaintiff resolved her claims against all defendants except Ameron International Corporation.

At the end of trial, the jury returned a verdict in favor of the paintiff, finding total …