LATEST INSIGHTS

Federal Officer Removal / Louisiana / Remand/Removal
Posted by:

Motion for Reconsideration on Removal in Shipyard Case Granted

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

The plaintiff, Patricia Jackson, alleges asbestos exposure while employed by Avondale Shipyard between 1970 and 1977. She further alleged asbestos exposure from father’s work clothing while he was employed by Avondale between 1962 and 1975. The plaintiff filed suit against numerous defendants including Huntington Ingalls Incorporated, Albert L. Bossier, Jr., and Lamorak Insurance Company (collectively, the Avondale defendants), Taylor Seidenbach, International Paper, Eagle, Inc., Liberty Mutual Insurance Company, and Hopeman Brothers, Inc. in state court. The case …

Continue Reading
Appeal / California
Posted by:

Court Reverses Grant of New Trial, Affirms Defense Verdict for Electrical Product Manufacturer

Court of Appeal of California, First Appellate District, June 29, 2020

In Estes v. Eaton Corp., 2020 Cal. App. LEXIS 594, the Court of Appeal of California, First Appellate District reversed an order granting a new trial, and affirmed a defense verdict for Eaton Corporation. In this case, the jury heard the trial court case, and returned a defense verdict. However, the trial court granted the plaintiff a new trial on the ground of insufficient evidence. Eaton appealed the new trial order on multiple …

Continue Reading
Insurance Coverage
Posted by:

New York Court Allows Allocation Based on General Date of First Exposure

In a 2018 decision, the court determined that “all sums” allocation and vertical exhaustion applied to the plaintiffs’ claims regarding coverage for amounts expended in the defense and resolution of lawsuits related to exposure to asbestos-containing products. The matter then proceeded to trial, where the parties presented evidence regarding dates of first exposure for underlying claims and expert opinion regarding allocation.

The court adopted the plaintiffs’ factual contentions and allocation methodology. Included in their allocation methodology was allocation of claims based on a general date …

Continue Reading
California / Summary Judgment
Posted by:

Summary Judgment Reversed in Drywall/Joint Compound Matter

Court of Appeal of California, Second Appellate District, Division Seven, June 24, 2020

In December 2011, the plaintiff, Jovana Collantes, and the decedent, Joel Hernandezcueva, filed a lawsuit against numerous defendants arising from the decedent’s alleged exposure to asbestos while employed as a janitor at a large complex occupied by Fluor Corporation (the Fluor Complex) from 1992 to 1995 (the December 2011 action). The plaintiff and the decedent alleged the decedent inhaled drywall debris containing asbestos. The December 2011 action went to trial in September 2013 against …

Continue Reading
Insurance Coverage
Posted by:

Illinois Court Holds Plaintiff Failed to Prove Coverage Allocation

John Crane, Inc. used asbestos fibers in the manufacture of gaskets, mechanical sealing, and packing products. It was named a defendant in over 325,000 cases involving personal injury claims based on asbestos exposure, and as a result became involved in a dispute with its insurers regarding coverage for such lawsuits. This decision was an appeal of a trial court judgment that (a) one of John Crane’s multi-year primary policies had annualized $20 million per occurrence limits, which resulted in a finding that the policy had …

Continue Reading
New York / Summary Judgment
Posted by:

Electrical Manufacturers Motion for Summary Judgment Based on Cigarette Warning Labels Denied as Speculative

Supreme Court of New York, New York County

Plaintiffs brought the instant action alleging the decedent, Thomas Fahey, was exposed to asbestos from his work in a variety of ways including his work with transformers and electric panels. Specifically, it is alleged that the defendants’ electrical panels and transformers were insulated with asbestos materials or contained asbestos wrapped rope from about 1980 through 2015 while the decedent was employed as an apprentice and union electrician with the International Brotherhood of Electrical Workers, Local #3 from …

Continue Reading
Maryland / Motion to Dismiss / Personal Jurisdiction / Statute of Limitations
Posted by:

Loss of Valid Statute of Limitations Defense after Re-Filing Not a Bar to Dismissal Without Prejudice

U.S. District Court for the District of Maryland, June 12, 2020

Family members (plaintiffs) of the decedent Cynthia Cartwright alleged exposure to asbestos-containing talcum powder attributed to defendants Cyprus Amax Minerals Company, Avon Products Inc., and Johnson & Johnson Consumer Inc. (JJCI), which the plaintiffs claim resulted in the decedent’s fatal mesothelioma. The plaintiffs initially filed an action in Maryland, and JJCI moved to federal court.  Cyprus and Avon subsequently moved to dismiss based on personal jurisdiction, whereas JJCI moved for partial judgment on the …

Continue Reading
Federal Officer Jurisdiction
Posted by:

Remand Denied Based on Recent Decision on Federal Officer Removal Statute

U.S. District Court for the Eastern District of Louisiana, June 10, 2020

Plaintiff William Hulin alleged he contracted lung cancer as a result of exposure to asbestos containing products for which the defendants were liable. Specifically, he believed he had been exposed to asbestos while working as a tacker welder at Avondale Industries from 1956 to 1973. Prior to filing the complaint, the plaintiff filed an ex parte petition to take his deposition.  The plaintiff’s deposition was taken on October 3, 2019 and was circulated …

Continue Reading
Insurance Coverage
Posted by:

Ohio Appellate Court Applies “All Sums” and Vertical Exhaustion

William Powell Co. v. OneBeacon Ins. Co., 2020 Ohio App. LEXIS 2200 (Ohio Ct. At.. June 10, 2020)

The William Powell Company has been embroiled in a years-long dispute with its insurers regarding coverage for asbestos-related liabilities. In this decision, the court addressed whether the language of certain excess liability policies supported vertical exhaustion or horizontal exhaustion of coverage. Horizontal exhaustion means that all triggered primary policies must be exhausted before any excess policy can be triggered. Vertical exhaustion means that only the primary …

Continue Reading
Louisiana / Remand/Removal
Posted by:

Remand of Trailer Manufacturer’s Removal Granted Based on Lack of Diversity

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

The plaintiffs brought the instant action alleging that decedent John Brindell was exposed to asbestos-containing products during his employment for Puerto Rico Marine Management (PRMM) as a mechanic at the Port of New Orleans. The plaintiffs filed a petition in the Civil District Court for the Parish of Orleans against several defendants including Utility Trailer Manufacturing Company, Taylor-Seidenbach, Inc., Eagle Inc., and Eagle’s insurers-First State Insurance Company, and United States Fidelity and Guaranty Company.

Defendant Utility …

Continue Reading