LATEST INSIGHTS

Expert Challenges / Virginia
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Virginia District Court Affirms Magistrate Decision on Admissibility of Naval Expert Testimony

U.S. District Court for the Eastern District of Virginia, April 27, 2020

Plaintiffs Herbert H. Mullinex and Patricia E. Mullinex alleged that Mr. Mullinex was exposed to asbestos from working with sheet gaskets and valve and pump packing manufactured by John Crane, Inc. during his service in the U.S. Navy from 1969 to 1978. John Crane, as part of its defense, intended to rely on the opinion of retired Rear Admiral David P. Sargent, Jr., in an attempt to refute some of Mr. Mullinex’s allegations …

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Louisiana / Summary Judgment
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Louisiana District Court Denies Summary Judgment on Plaintiffs’ Intentional Tort, Fraud, and Concealment Claims

U.S. District Court for the Eastern District of Louisiana, April 27, 2020

The plaintiffs alleged the decedent, Callen L. Dempster was exposed to asbestos and asbestos-containing products while employed at the Avondale Shipyards from 1962 to 1994. Defendant Huntington Ingalls Incorporation (f/k/a Avondale Shipyards, Inc.) (Avondale) moved for partial summary judgment on the plaintiffs’ intentional tort, fraud, and concealment claims, arguing the plaintiffs could not show that Avondale either consciously desired the decedent contract lung cancer, or knew that his lung cancer was substantially certain …

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Insurance Coverage / Ohio
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Ohio District Court Denies Insurer’s Motion for Summary Judgment on Pollution Exclusion, Contribution, and Bad Faith

U.S. District Court for the Northern District of Ohio, Eastern Division, April 24, 2020

R.W. Beckett Corporation was sued in a large number of cases alleging harm from exposure to asbestos in gaskets used in oil burners Beckett produced from 1960 to 1986. For 16 years, Beckett paid its own litigation costs, but it later discovered several insurance policies that covered the relevant time periods. The insurers who issued those policies began paying Beckett’s litigation costs, dividing the costs between them in an informal cost …

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Appeal / Case Decisions
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Ninth Circuit Reverses Denial of Longshore Act Benefits to California Widows

U.S. Court of Appeals, Ninth Circuit

Two widows of California shipyard workers, whose husbands were allegedly exposed to asbestos and died as a result, sought compensation under the Longshore and Harbor Workers Compensation Act (“the Longshore Act” or “the Act”). The Longshore Act was enacted to protect longshore workers who suffered injuries related to their employment, but terminates benefits when “‘the person entitled to compensation (or the person’s representative) enters into a settlement with a third person’ for the employee’s disability or death for an …

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Federal Officer Removal / Remand/Removal
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Colorable Federal Officer Defense Leads to Denial of Remand in Shipyard Mesothelioma Case

United States District Court, Eastern District of Louisiana.

Plaintiff Jesse Hernandez filed suit against several defendants alleging he developed mesothelioma while working summers in 1968, 1969 and 1970 at the Avondale Shipyard as a painter’s helper and assistant clerk. During his deposition, he recalled working on board several vessels in the main yard and U.S. Navy destroyers. The defendants removed the case based on federal officer removal. Plaintiff moved to remand.

The Court quickly concluded that the defendants had a colorable federal defense. Relying on …

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Mesothelioma
Verdict Reduction
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Louisiana District Court Upholds $3 Million Remitted Verdict in Deceased Mesothelioma Case

United States District Court for the Eastern District of Louisiana

  Decedent, James Leoma Gaddy alleged that he was diagnosed with mesothelioma as a result of exposure to asbestos while working at International Paper from 1948 to 1950, and while working as a chemical engineer at Ethyl Corporation (“Ethyl”) from 1955 to 1960. Gaddy filed suit against numerous entities, but only Ethyl remained at the time of trial. Ethyl removed the case to federal court on diversity jurisdiction grounds, and a jury trial commenced in …

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Remand/Removal
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Montana District Court Interprets Local Controversy Exception to Class Action Fairness Act

United States District Court for the District of Montana.

Plaintiff Korey L. Aarstad, along with 191 other plaintiffs moved to remand their case back to state court in Montana on the basis that the case had been improperly removed under the local controversy exception to the Class Action Fairness Act (“CAFA”) (28 U.S.C. §1332(d)(4)(A)). Defendants BNSF Railway Company and John Swing opposed, arguing that the case had been properly removed as a mass action. Following the parties’ briefings before the Magistrate Judge, and the court’s …

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Appeal / Kansas
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Court of Appeals Affirms District Court’s Judgment in favor of Plaintiff Against Railroad Defendant

Plaintiff Nancy Little (“Little”) filed suit against the Budd Company (“Budd”) alleging that decedent died from exposure to asbestos-containing insulation surrounding the pipes on Budd manufactured rail cars.  The parties went to trial and a verdict was returned in favor of the plaintiff. On appeal, Budd asserted that plaintiff’s tort claims were preempted  by the Locomotive Inspection Act (“LIA”) and  Safety Appliance Act (“SAA”). Budd’s theory on appeal was that the claims were preempted because all passenger rail cars are “appurtenances” to a complete locomotive.…

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Coronavirus/COVID-19 / Documents and Resources
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Impact of COVID-19 on the United States Court System

Thousands of new coronavirus cases are being identified across the United States each day. Since March, America has seen hundreds of thousands of people testing positive, resulting in thousands of deaths, to date.

In response to public health guidance related to COVID-19 (coronavirus), many U.S. courts (state and federal) have been forced to adjust their operations.  Changes to court operations are being made on a rolling basis, with changes being made day to day, on a state by state basis, with different guidelines on a …

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Motion to Dismiss
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Louisiana District Court Denies Defendant’s Multiple Motions to Dismiss

United States District Court, E.D. Louisiana, March 31, 2020.

Plaintiff, Harry F. Marsh, was diagnosed with mesothelioma allegedly as a result of his exposure to asbestos during his time as a seaman. He filed a Complaint in state court against several defendants on January 18, 2019.  Shortly thereafter, Defendant and Cross-Claim Plaintiff, Huntington Ingalls removed the matter to federal court.  Defendant, International Paper, filed three motions to dismiss, which were opposed by Huntington Ingalls.

International Paper filed a Motion to Dismiss based upon lack of …

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