LATEST INSIGHTS

Federal Officer Jurisdiction / Louisiana
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Elements for Removal Found Under Federal Officer Jurisdiction in Take-Home Mesothelioma Case

LOUISIANA — The plaintiff filed suit against several defendants including Kaiser Aluminum (Kaiser) and Huntington Ingalls (Avondale) alleging her mother, Dolores Punch, contracted mesothelioma from exposure to asbestos while washing the work clothes of her husband and son. Mr. Punch worked as a pipefitter and welder at Avondale Shipyard from 1948-1960 and at Kaiser Aluminum from 1961-1967 handling the same material. The decedent’s son also worked as a helper and pipefitter at Avondale from 1976-1979.  Avondale removed the suit to federal court asserting the Federal …

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New York / Verdict
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NYCAL Verdict Reduced from $60M to $29M

NEW YORK — The plaintiff was diagnosed with mesothelioma in April 2015 (55 years old) and passed away about fifteen (15) months later in July 2016.  Thereafter, in October 2015, the plaintiff’s estate brought suit in NYCAL against a number of defendants alleging that the decedent’s mesothelioma diagnosis and death was caused by decedent’s exposure to asbestos from products that were manufactured, distributed, and/or sold by the defendants. This case ultimately went to trial and was presided over by Justice Manuel Mendez. In April 2018, …

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North Carolina / Summary Judgment
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Summary Judgment Denied With Respect to Valve and Pump Exposure

NORTH CAROLINA — The plaintiff, Wade Gore, was diagnosed with mesothelioma in May 2015 and filed suit a month later. He alleged asbestos exposure while working at a DuPont plant in Leland, North Carolina. Gore worked as an insulator, with pipes, pumps and valves from approximately 1975 to the 1980s. He was allegedly exposed to asbestos from gaskets, pumps, valves and packing. Numerous defendants filed motions for summary judgment based upon a purported lack of evidence of exposure.

With respect to defendant Powell, the court …

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California / Other Asbestos News
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California Jury Deadlocked Over Talc Claims

CALIFORNIA — A mistrial was declared in a talc lawsuit filed against Johnson & Johnson in the Superior Court for Los Angeles, after a jury remained deadlocked following more than five days of deliberations. The plaintiff, Carolyn Weirick, alleges that she developed mesothelioma through the use of asbestos-contaminated talc, and sought at least $25 million in damages. The plaintiff allegedly used Johnson & Johnson’s baby powder for more than forty years, and was diagnosed with mesothelioma at age 58. The parties agreed that she had …

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California / Federal Officer Jurisdiction / Remand/Removal
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Defendant Fails to Meet Removal Requirements under 28 U.S.C. § 1442(a)

CALIFORNIA — The plaintiff Randolph Morton (Plaintiff or Morton) filed this personal injury claim in California state court alleging that Morton’s asbestos-related disease was allegedly caused by the defendants’ acts and omissions involving the use of asbestos at or in the vicinity of Morton’s workplace.

The defendant removed the case to federal court (United States District Court, Central District of California) based on federal office removal jurisdiction under 28 U.S.C. § 1442(a).  Here, defendant seeks to put forth the government contractor defense, which outlines that …

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Federal Officer Jurisdiction / Remand/Removal
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Lack of Federal Officer Subject Matter Jurisdiction Leads to Grant of Remand and Award of Fees

The plaintiff filed this action alleging he developed mesothelioma as a result of exposure to asbestos for which the defendants were liable. Specifically, The plaintiff claimed exposure while serving in the United States Navy onboard the U.S.S. Tortuga from 1956-1959.

Defendant Aurora Pump Company (Aurora) removed the case the federal court asserting Federal Officer Removal. The plaintiffs moved to remand. The court began its analysis by stating that removal may be invoked when a defendant establishes that 1) that it is a person within the …

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New York / Other Asbestos News
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Former Speaker of the New York State Assembly’s Motion to Continue Bail and Stay Fine Denied in Part

NEW YORK — Former Speaker of the New York State Assembly, Sheldon Silver moved to continue bail and stay his fine after a jury found him guilty on two counts of honest services mail fraud, two counts of honest services wire fraud, two counts of extortion under color of official right, and one count of money laundering. Silver was alleged to have schemed to received referral fees from a physician in connection with asbestos litigation.

Silver’s motion to continue bail was denied as the “Government …

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Summary Judgment / Take-Home Exposure / Washington
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Multiple Motions for Summary Judgment and Affirmative Defenses of Railroad and Auto Parts Manufacturers Denied in Part and Granted in Part

The plaintiff Patrick Jack filed suit against several defendants alleging he contracted mesothelioma from take-home, bystander and direct exposure to asbestos for which the defendants were liable. The plaintiff’s take-home and bystander exposure was alleged from his father’s work at Union Pacific. He also claimed exposure while serving as a machinist in the Naval Reserve and Navy from 1955-1962 and while working as a machinist at the Puget Sound Naval Shipyard. Also, The plaintiff contended that he was exposed to asbestos while working as a …

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General
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Thomas Bernier Presents Panel Discussion on “The State of Bankruptcy Trusts” at Perrin National Asbestos Litigation Conference, October 1-3, 2018

Goldberg Segalla’s Thomas P. Bernier, a partner in the Toxic Tort Practice Group, will participate in the Perrin National Asbestos Litigation Conference, October 1-3, 2018, at the Fairmont San Francisco Hotel in San Francisco, CA. On the second day of the conference, Tom will participate in the panel discussion, “The State of the Bankruptcy Trusts,” addressing the current conversation surrounding bankruptcy compensation and the values in bankruptcy, as well as the positioning of both the plaintiff and defendant in the event of a bankruptcy. …

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New York / Verdict
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Significant Verdict Against Valve Manufacturers in Erie County NY

NEW YORK — A verdict totaling almost $7 million was rendered today in Buffalo NY.  Plaintiff, James Stock, is 60 years old and claims to have had asbestos exposure causing his mesothelioma in the late 1970’s early 80’s while working in a factory.  A verdict was reached against Remaining defendants Jenkins (50%) Bell & Gossett (12%), Warren (12%) and Crane (14%).  Damages included  past pain and suffering – $4.5 Million, future pain and suffering – $1.5 Million (over 1 year), loss of present earnings – …

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