Remand in Meso Case Denied Upon Finding that Common Defense Exception Inapplicable

U.S. District Court C.D. of Illinois, February 25, 2020

ILLINOIS – The plaintiff sued several defendants alleging that Roy Hicks developed mesothelioma as a result of his exposure to asbestos for which the defendants were allegedly responsible. Specifically, Mr. Hicks alleged exposure to asbestos while working for the City of Bloomington, where he encountered asbestos from vehicles made by Ford, and others. He also alleged exposure to products from John Crane as a result of his wife’s work at General Electric. As trial approached, the …

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$8 Million Plaintiffs’ Verdict in Monroe County

On November 15, 2019, a Monroe County jury returned an $8 million verdict in the Wayne Meissner case, involving a 73-year-old plaintiff who was diagnosed with mesothelioma in August 2018. According to the plaintiff’s answers to interrogatories, he alleged asbestos exposure from home remodeling work from 1963 to 1966, as well as from work for Keene Insulation in 1967 and Eastman Kodak from 1967 to 1979. There was one defendant, a construction contractor, which remained at trial at the time of the verdict.

The jury …

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No Minimum Contacts Results in Defendant’s Dismissal

The plaintiff, Daniel Bannister, filed a petition for damages against numerous defendants alleging asbestos exposure that resulted in his diagnosis of mesothelioma. After his death, plaintiffs Patricia Ann Bannister, Shannon Rose Jordan, Daniel E. Bannister Jr., Dolphus Jacob Bannister, Anna Kay Springer, and Grayson Humble Bannister were substituted as proper-party plaintiffs. The defendant did not file an answer to the lawsuit, but rather filed a declinatory exception raising the objection of lack of jurisdiction over the person, and challenging the propriety of Louisiana court’s jurisdiction …

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Supplier Defendant Granted Summary Judgment for Lack of Evidence of Exposure

As the Asbestos Case Tracker recently reported, on August 5, 2019, the U.S. District Court for the Western District of Washington recently ruled on several defendants motions for summary judgment. In the complaint, the plaintiff alleges that Rudie Klopman-Baerselman (decedent) was exposed to asbestos-containing products sold or supplied by the supplier defendant, causing the decedent to develop mesothelioma in July 2017 and pass away in November 2017. In the supplier defendant’s motion for summary judgment, it argued that:

  1. The plaintiff was unable to identify
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Summary Judgment Denial Upheld by Kentucky Court of Appeals Denying Application of Workers’ Compensation Bar

In Schneider Electric USA, Inc. v. Paul Williams, as Executor of the Estate of Vickie Williams, the court of appeals affirmed a trial court’s denial of the sole defendant’s motion for summary judgment. In this case, Vickie Williams’ father worked for Schneider Electric USA, Inc., formerly known as Square D Company (Square D), for several years. During that time, she allegedly encountered asbestos brought home on her father’s clothing. Ms. Williams also worked for Square D for a few months as a teenager. She …

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Talc Defendant Successfully Excludes Expert Opinion Pursuant to Daubert

The plaintiff, Doris Gordon, alleged that she developed fatal mesothelioma in part from her use of asbestos-contaminated Cashmere Bouquet talcum powder that was manufactured, marketed, and sold by the defendant, Colgate-Palmolive. Colgate sought exclusion of the testimony of the plaintiff’s expert, Dr. Ronald Gordon. The court considered Colgate’s Daubert motion to exclude Dr. Gordon’s testimony and a separate motion in limine to preclude evidence regarding the plaintiff’s testing because of lack of authenticity and relevance of the talc tested. The Daubert motion was granted, and …

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