LATEST INSIGHTS

Worn work gloves lying on concrete floor
Ohio / Summary Judgment
Posted by:

Summary Judgment Denied to Asbestos Clothing Manufacturer Based on Plaintiff ‘s Contradictory Affidavit

OHIO –The plaintiff Donald MacLachlan brought suit against several defendants including American Optical (AO) alleging he developed mesothelioma as a result of exposure to asbestos while working at the Weirton Steel plant from 1971-2008. He was deposed in 2015 and also alleged exposure to steam turbines manufactured by General Electric. As for AO, The plaintiff testified that he wore asbestos containing thermal gloves and coats manufactured by that defendant beginning in 1979 while working as a cast house helper. The plaintiff was adamant that the …

Continue Reading
Take-Home Exposure / Virginia
Posted by:

Expansion of Employer Take-Home Asbestos Exposure Duty Reaches Nine States

VIRGINIA — The State of Virginia recently expanded the potential duty to warn owed for take-home asbestos exposures in the Quisenberry case.

The plaintiff Wesley Quisenberry filed suit on behalf of his decedent mother, alleging that her exposure to asbestos while laundering her father’s clothes caused her mesothelioma. The plaintiff’s decedent’s father worked at a shipyard for 35 years, and the plaintiffs allege that asbestos dust adhered to his clothing, contaminated his car, and came home with him.

The defendant removed the case to federal …

Continue Reading
Louisiana / Remand/Removal
Posted by:

Fifth Circuit Affirms Remand of Shipyard Case

LOUISIANA — The plaintiff James Latiolas, filed suit in Louisiana State Court alleging asbestos exposure while working at the Avondale shipyard. The plaintiff only asserted a negligence claim against Avondale and Avondale removed the case on the basis of the federal officer defense. The plaintiff filed a motion to remand, which was granted. On appeal, the fifth circuit affirmed.

The evidence previously gathered in other cases demonstrated that Avondale built and refurbished naval vessels based on the Navy’s specifications and under the their supervision. However, …

Continue Reading
California / Remand/Removal
Posted by:

Motion to Remand Denied Due to Evidence Presented by Defendants

CALIFORNIA — On November 7, 2018, the plaintiffs filed an amended complaint in state court alleging that decedent, Ronald Viale, was exposed to asbestos when he was employed by the U.S. Navy as a steamfitter/firefighter from 1968 to 1970, and that he developed mesothelioma as a result of said exposure. On January 3, 2019, Foster Wheeler removed the matter under the federal officer defense. The removing defendants produced declarations provided by witnesses demonstrating that the Navy issued specifications regarding the form and content of all …

Continue Reading
Verdict / Virginia
Posted by:

Jury Returns Verdict for Decedent, Finding Asbestosis Resulted from Railroad Brake Work

VIRGINIA – A jury in Norfolk Circuit Court issued a $5 million verdict in favor of the plaintiff Danielle Caraco (plaintiff) on behalf of the decedent Stephen Fowlkes (decedent), finding that the decedent had been diagnosed with asbestosis as a result of his exposure to asbestos-containing railroad brakes during his employment at Norfolk Southern Railway Company (Norfolk).

The decedent had worked as a repair man who changed out asbestos-containing railroad car brake shoes for a decade during the 1980s. Once the decedent fell ill and …

Continue Reading
New Jersey / Other Asbestos News / Pleadings Challenge
Posted by:

Multiple Actions Dismissed Against Brake Manufacturer Due to Forum Non Conveniens

NEW JERSEY — Multiple deceased plaintiffs brought actions against Honeywell alleging they contracted mesothelioma as a result of exposure to asbestos from Bendix brakes while working as mechanics in the United Kingdom. The plaintiffs filed in New Jersey despite the alleged exposure oversees. Honeywell moved for dismissal based on the doctrine of forum non conveniens after discovery was conducted. Judge Cantor granted dismissal in the majority of the cases and Judge Viscomi also granted dismissal in the remaining case. The plaintiffs appealed arguing abuse of …

Continue Reading
Massachusetts / Statute of Repose
Posted by:

Massachusetts Statute of Repose Bars Construction-Related Asbestos Claims

In Stearns v. Metropolitan Life Insurance Company, the Massachusetts Supreme Court addressed whether the six-year statute of repose for claims against those involved the design, planning, construction, or general administration of improvements to real property, applies to asbestos personal injury claims, which would typically arise after the statue would bar their assertion. The statute at issue, Mass. Gen. Laws. c. 260 Section 2B, provides in relevant part that:

“Action[s] of tort for damages arising out of any deficiency or neglect in the design, planning,

… Continue Reading
Judge gavel with lawyer and attorney meeting in law firm background. Concepts of law, legal advice,legal services.
Appeal / California
Posted by:

California Court Remands Grant of Relief from Default Judgment

CALIFORNIA — In 2010, Donna O’Balle filed a complaint against numerous defendants alleging personal injuries from exposure to asbestos dating back to the 1980’s. Associated Insulation of California, Inc. (Associated), one of the defendants, was served, but did not respond, having gone out of business long before. O’Balle filed a request for entry of default against Associated. Almost a year later, O’Balle sent notice of the suit to Fireman’s Fund, seeking coverage on behalf of Associated. Fireman’s Fund was unable to locate any policy it …

Continue Reading
New York / Other Asbestos News
Posted by:

NY District Court Provides Guidance on Insurance Notice Provisions

NEW YORK — In the latest decision in a long-running series of cases involving coverage for thousands of asbestos-related lawsuits filed against Fulton Boiler Works, Inc., the Federal District Court for the Northern District of New York established principles for the application of a notice provision in an insurance policy.

Travelers Casualty and Surety Company was one of several insurers in Fulton’s coverage block between 1976 and 1993. As often occurs when a company becomes the target of asbestos litigation, the insured did not discover …

Continue Reading
California / Insurance Coverage
Posted by:

Umbrella Policy’s Self-Insured Retention Does Not Apply to Excess Policies

CALIFORNIA — A coverage dispute arose from numerous claims filed, in various jurisdictions, against Deere & Company for personal injuries arising from alleged exposure to asbestos-containing brakes, clutch assemblies, and gaskets used in Deere machines. In this decision, the court addressed two issues: 1) whether Deere’s higher-layer excess policies were triggered once the first-layer excess policy limits, which were subject to a self-insured retention (SIR) paid by Deere, had been exhausted; and (2) whether the higher-layer excess insurers’ indemnity obligation extended to Deere’s defense costs …

Continue Reading