Federal Court Declines to Find Improper Joinder of Non-Diverse Defendant

VIRGINIA – The plaintiffs, Raegena Boggs and Paul Boggs, residents of Colorado, filed their asbestos personal injury action in Kanawha County, West Virginia against numerous defendants, including Greyhound Lines, a Delaware corporation with a principal place of business in Texas; ArvinMeritor, Inc., an Indiana corporation with a principal place of business in Michigan; Carlisle Companies, Inc., a Delaware corporation with a principal place of business in Arizona; and Vimasco, a West Virginia corporation. The plaintiffs had resolved their claims with all of the defendants, except …

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Federal Court Declines to Exclude Testimony of Certified Industrial Hygienist

WASHINGTON – In the matter of Jill Diane Clayton v. Air & Liquid Systems Corp., et al., the United States District Court for the Western District of Washington denied the plaintiff’s motion to exclude the expert testimony of Certified Industrial Hygienist, Kyle Dotson, finding that Dotson’s testimony was both relevant and reliable under Federal Rule of Evidence 702. The plaintiff alleged that the decedent, William Richard Clayton, was exposed to asbestos while serving aboard the United States Navy ship, the U.S.S. Badger, in …

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Covenant Judgment Found Reasonable Despite Challenge by Insurer

WASHINGTON – United States Fidelity & Guarantee (USF&G) intervened in a recent mesothelioma matter arguing that a covenant judgment entered at the trial level was unreasonable. By way of background, the plaintiffs, Robert and Karen Ulbricht, and their children sought damages from several defendants, including PM Northwest for Robert Ulbricht’s alleged development of mesothelioma. Ulbricht alleged exposure to asbestos while working at the Texaco Oil Refinery in Anacortes, Washington from 1973-1999. PM was alleged to have been the maintenance contractor at the site. However, PM …

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Lack of Causation Leads to Grant of Summary Judgment for Friction Defendant in Lung Cancer Case

NEW YORK – The plaintiff, Glen Schrank, sued multiple defendants, including Ford Motor alleging that he developed lung cancer from his work as an automobile mechanic from approximately 1972-1991. Schrank smoked Parliament filtered cigarettes beginning in 1966 and smoked between one and one and a half packs per day. Ford moved for an order precluding the plaintiff’s expert witnesses or in the alternative a Frye Reed hearing. In support of its position, Ford offered an affidavit from Dr. Anil Vachani. Dr. Vachani’s testimony illustrated various …

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Plaintiffs Awarded $750 Million Punitive Damages in Talc Trial

NEW JERSEY – In a case previously covered by the Asbestos Case Tracker, the plaintiffs were awarded $750 million during the punitive damages portion of the trial. The jury had already awarded $37.2 million in compensatory damages, and per New Jersey law, the punitive damages were reduced to $186 million, five times the compensatory award.  As further details emerge, we will update this post.…

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Failure to Warn: To Whom and How Does it Apply?

As we have seen nationwide, plaintiffs assert claims against various types of defendants in asbestos litigation, including product manufacturers, suppliers, and premises owners. Even further, some of the product manufacturers may or may not have actually manufactured asbestos-containing products, whereas others’ products merely required the use of asbestos-containing component parts. Even more proliferating as to the possible types of claims, there are different standards related to the plaintiffs with direct asbestos exposure versus take-home cases, where the individual injured never worked directly with or around …

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Friction Manufacturer’s Objection to Motion to Compel Denied Due to Untimely Submission of Affidavit

KENTUCKY – The plaintiff, Jack Papineau, alleged that he was diagnosed with malignant mesothelioma from exposure to Honeywell’s asbestos-containing brake products. The plaintiff sought an order from the magistrate judge to compel Honeywell to answer one interrogatory and respond to one request for production concerning lawsuits alleging exposure to Honeywell asbestos-containing friction products. Honeywell opposed.

Per the magistrate judge’s order, the plaintiff filed an amended request that limited the scope of the requested documentation. Honeywell responded to the supplemental request and attached the affidavit of …

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Case Remanded as Res Judicata Bars Plaintiffs’ Survival Action

LOUISIANA – In 1982, Gistarve Joseph, Sr. filed suit against Avondale Industries, Inc., its executive officers, and their insurers seeking damages for occupational exposure to asbestos during his employment with Avondale between 1969 and 1982. He alleged that his exposure caused him to contract pneumoconiosis. In November 1985, Joseph settled his claims against Avondale executing a Restrictive Release and Discharge with Indemnification Agreement, which released Avondale, its executive officers, and their insurers:

“from any and all liability, claims, demands, liens, remedies, debts, rights, actions and …

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Multiple Defendants Granted Summary Judgment in Maritime Action on Lack of Causation

WASHINGTON – The plaintiffs filed suit against multiple defendants, including Foster Wheeler Energy Corporation, Warren Pumps, and Air & Liquid Systems Corporation, alleging that their decedent, Deem, developed mesothelioma as a result of exposure to asbestos-containing products while working as a machinist at the Puget Naval Shipyard from 1974-1981. Two co-workers testified as to work performed at the shipyard. Work included repairs on lots of equipment including valves, pumps, catapults, distilling plants, turbines, compressors, and steam traps. Additional tasks included removal of old flange gaskets, …

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Court Grants Summary Judgment for Furnace Manufacturer Based on Lack of Evidence of Exposure

NEW YORK – On January 24, 2020, the Honorable Deborah Chimes granted Foster Wheeler, LLC’s motion for summary judgment in the Schuman case. The plaintiff, Patricia Schuman, executrix for the decedent , Matthew Schuman, filed suit alleging that the decedent died of mesothelioma as a result of his exposure to asbestos. The decedent passed away prior to being deposed in this action, but was deposed in March 2003 in a separate action for his damages related to pleural plaques. The plaintiff argued that the decedent …

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