LATEST INSIGHTS

Asbestos Litigation Analysis
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New Behrens Article Proposes Legislation to Promote Bankruptcy Trust Transparency & Fairness to All Parties

In most cases asserting asbestos-related injuries resulting from alleged exposure, the plaintiffs will also file proof of claims (POCs) with asbestos bankruptcy trusts. These trusts are set up when companies that mined or supplied asbestos or manufactured asbestos-containing products can no longer afford to defend a barrage of costly asbestos-exposure lawsuits and, accordingly, file for bankruptcy. The primary goals of the trusts are to compensate plaintiffs for exposure to products for which insolvent entitles are liable in a less costly and more efficient manner and …

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California / Pleadings Challenge
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Market-Share Cause of Action Against Automotive Parts Manufacturer Dismissed Without Prejudice to Amend Complaint

The laintiff Gary Farris, brought suit against multiple product manufacturers and distributors alleging that his diagnoses of lung cancer and asbestosis were causally related to asbestos exposure he sustained while 1) working on brakes and clutches in an automotive shop during the summers from 1960 to 1964 and shadetree automotive repairs from the 1960s to 1980s; 2) serving in the United States Navy from 1964 to 1967; and 3) servicing photocopiers from 1967 to 1989. In support of his claims, Farris raised a fifth cause …

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Louisiana / Summary Judgment
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Prescriptive Statute of Limitation Period Leads to Grant of Summary Judgment in Favor of Shipyard Defendant

LOUISIANA –The plaintiff filed suit against several defendants including Huntington Ingalls (Avondale) and Kaiser Gypsum (Kaiser) alleging her mother, Dolores Punch, developed and passed from mesothelioma as a result of exposure to asbestos for which the defendants were liable. Specifically, the plaintiff alleged that her decedent was exposed to asbestos fibers from washing the laundry of her husband who had worked as a pipe fitter at Avondale from 1948-1960. The plaintiff later amended her complaint to include exposure from the work clothes of her son …

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Case Decisions / Expert Challenges / New York / Single Fiber, Cumulative Exposure
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New York’s Highest Court Upholds Defense Judgment as a Matter of Law Based on Lack of Sufficient Scientific Evidence

NEW YORK — New York’s highest Court issued its first decision addressing causation standards in an asbestos case, and upheld the trial and intermediate appellate court decisions granting Ford Motor Company judgment as a matter of law in Juni v. A.O. Smith Water Products Co. et al.. ACT has previously reported on the Juni matter here and here.

The majority found that “[v]iewing the evidence in the light most favorable to plaintiffs, the evidence was insufficient as a matter of law to establish …

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California / Case Decisions / Statute of Limitations / Summary Judgment
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Summary Judgment in Favor of Bankrupt Wisconsin Company Affirmed on Statute of Limitations Grounds

CALIFORNIA — Plaintiff David Hart appealed the entry of summary judgment in favor of Special Electric Company on the basis that the claims against the company were time-barred under Wisconsin law. The plaintiff sued Special Electric alleging that his mesothelioma was caused by exposure to asbestos from products supplied by the company.

Special Electric, a Wisconsin corporation, filed for bankruptcy under Chapter 11 in 2004, and by 2006, a plan of reorganization had been entered. By then, all of the company’s assets had been sold …

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Florida / Pleadings Challenge
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In-State Product Distribution Ruled Insufficient to Confer Personal Jurisdiction Over Out-Of-State Asbestos Product Manufacturer

The plaintiffs, Silverio and Faye Onorato, brought suit against numerous asbestos manufacturers and distributors alleging that Mr. Onorato developed mesothelioma from his exposure to asbestos, which occurred entirely in the State of Florida. The defendant, Highland Stucco and Lime Products, Inc.,(Highland) moved to dismiss the plaintiffs’ claims by arguing that there was no personal jurisdiction over it, as its manufacturing business operations were confined to Southern California.  In support of its motion, Highland annexed an affidavit of its president who alleged a complete lack of …

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Expert Challenges / Kansas
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Defendant’s Motions in Limine to Exclude Common Plaintiff’s Experts Denied and Granted in Part in Railroad Case

KANSAS — Asbestos Case Tracker brings you the following development in the previously reported Robert Rabe case. Click to read the factual background.

The defendant, The Budd Company (Budd) moved in limine to exclude the plaintiff’s experts, Drs. Brody, Castleman and Frank. The court began its analysis with the standard for expert challenges: A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if: a) the expert’s scientific, technical …

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Other Asbestos News
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Failure to Establish Error on Examination Leads to Dismissal in Veteran’s Claim

The plaintiff filed this appeal after denial to entitlement of disability compensation for chronic obstructive pulmonary disease “COPD” which she claimed was caused by exposure to asbestos. Ms. Mussman’s claimed that her decedent, Mr. Mussman, was exposed to asbestos was while serving onboard the U.S.S. McNair from 1950-1954. Specifically, it was alleged that Mr. McNair slept 18 inches below asbestos wrapped pipes. In 2012, a VA examination revealed that Mr. Mussman’s disease was more likely related to his smoking history than exposure to asbestos. The …

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Appeal / Damages / North Carolina / Punitive Damages / Verdict
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Covil Corp. Seeks to Overturn $33 Million Verdict in North Carolina

NORTH CAROLINA — In October, the plaintiff, Ann Finch, prevailed against Covil Corp. in a mesothelioma case involving her husband’s workplace exposure at Firestone. Covil made asbestos insulation that Mr. Finch worked around daily while changing molds on tire presses. The plaintiffs were awarded $32.7 million by the jury, which found that Covil failed to warn Mr. Finch that there was asbestos present in the insulation and that it posed a hazard to his health.

Covil has filed a motion to overturn the verdict or, …

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Appeal / California / Trial
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Defense Verdict for California Water Companies Affirmed

CALIFORNIA — On November 19, 2018, the California Court of Appeal affirmed judgment in favor of the defendants, California Water Service Company and San Jose Water Company (Water Companies), following a trial in which it was alleged that the plaintiff died from mesothelioma developed from cutting asbestos pipe while employed by Fairly Constructors. The Water Companies hired Fairly to install water pipes from 1959 to 1989. The plaintiff alleged that the defendants failed to warn Fairly of the danger of using a power saw to …

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