Court: Daviess County Circuit Court
Robert Thackston, Beverly Bond, Barret Marshall, and Ashley Presson secured a favorable resolution for Alcoa Inc., a premises defendant, in the Daviess County Circu...it Court in Owensboro, Kentucky. Plaintiff, Doris White, sued numerous defendants alleging her mesothelioma was caused by exposure to asbestos from her husband’s work clothes. Plaintiff’s husband worked for several of the largest insulation companies in the region. He was also an active member in the local Asbestos Workers’ Union during a time when the Union possessed substantial knowledge of the hazards of asbestos exposure.
Lawsuits and disputes
Gabrielli v. Alcoa Inc.
Dec 22, 2015
OUTCOME: Settled in the second week of trial after Robert Thackston picked jury, opened, and cross examined plaintiff's industrial hygiene expert.
Court: King County Superior Court.
Mesothelioma and asbestos
Susan Hill, Individually and as Personal Representative of The Estate of Charles Tyrone Hill v. Air & Liquid Systems, et al.
Nov 17, 2014
OUTCOME: The seven-person jury then returned a unanimous defense verdict for HPTY’s client.
Court: United States District Court for the Central District of California
HPTY secured a unanimous defense verdict in the United States District Court for the Central District of California (Los Ange...les) for John Crane Inc. (Susan Hill, Individually and as Personal Representative of The Estate of Charles Tyrone Hill v. Air & Liquid Systems, et al., CV-12-8713-DSF (Ex)). The decedent, Charles Tyrone Hill, worked as a pipefitter at three San Diego-based shipyards from 1960 to 1975. Mr. Hill testified that John Crane Inc. gaskets were the primary products he used throughout this time.
The plaintiffs sued over 45 defendants for decedent’s asbestos-related mesothelioma, but only John Crane Inc. remained at the time of verdict. Robert E. Thackston and Paula D. Pendley tried the case for HPTY’s client. They were assisted by Julia A. Gowin and Andrew S. Russell.
Stuart Purdy and Tyson Gamble of Simon Greenstone Panatier & Bartlett, PC tried the case for plaintiffs. Although they described it as the best case Simon Greenstone has ever had against John Crane Inc., HPTY’s defense team refused to lose − chipping away at plaintiffs’ case with every motion, witness, and argument.
The Honorable Dale S. Fischer presided over the seven-day trial. She precluded plaintiffs’ experts from testifying that “there is no safe dose of asbestos” and “each and every exposure above background” substantially contributed to decedent’s risk of disease. She also placed significant time limits on each side to present their case.
Plaintiffs’ experts were Arnold Brody, Eugene Mark, James Millette, and Carl Brodkin. John Crane Inc. called James Crapo, John Henshaw, and a corporate representative. At the end of closing argument, plaintiffs’ counsel urged the jury to award $13 million in compensatory damages to Mr. Hill’s wife, Susan Hill. Plaintiffs also sought punitive damages.
After eight hours of deliberation, the jury determined that John Crane Inc. was not negligent; its products did not fail to perform as safely as an ordinary consumer would have expected; the risks of its products’ design did not outweigh the benefits; and that the potential risks did not present a substantial danger to users.
Mesothelioma and asbestos
Kordestani v. 3M Company, et al.
Aug 04, 2014
OUTCOME: Plaintiff sued over 50 defendants in his complaint. At the time of dismissal, HPTY’s client was the only remaining defendant.
Court: Superior Court of California, County of Los Angeles
After four months of trial before the Hon. Cary H. Nishimoto in Torrance Superior Court (Los Angeles County), Robert Thackston and Paula Pend...ley received a dismissal for HPTY’s client, a supplier of gasket and packing products. Plaintiff alleged his mesothelioma was caused, in part, by work with gaskets and packing from 1956 to 1980 at the Abadan and Tehran oil refineries in Iran. Plaintiff was represented by Weitz & Luxenberg, P.C.
The dismissal followed favorable evidentiary rulings precluding much of Plaintiff’s testimony against HPTY’s client. Plaintiff’s experts were precluded from testifying that “each and every exposure above background” substantially contributed to Plaintiff’s risk of disease. They were also precluded from offering hypotheticals about our client’s products contributing to Plaintiff’s cumulative dose of asbestos. At HPTY’s request, the court took judicial notice of the Iranian Labour Code and related publications indicating that Plaintiff’s employers were legally required to take steps to protect their employees from asbestos and indicating that individuals of Plaintiff’s stature would not have conducted “hands-on” work at the refineries. With no fact witnesses to corroborate Plaintiff’s testimony and no documents establishing that our client’s products were even present at the refineries, Plaintiff’s counsel chose not to risk a defense verdict.
Mesothelioma and asbestos
Schildknegt v. Air & Liquid Systems Corporation, et al.
Jan 17, 2014
OUTCOME: After about four hours of deliberation, the ten woman and two man jury returned a defense verdict for both defendants.
Court: Superior Court of California, County of Los Angeles
On January 17, 2014, HPTY received a defense verdict in Los Angeles county after an eight week trial for a client that manufactures fluid sea...ling devices. The plaintiff was a Missouri resident who had previously worked in California. He had pleural mesothelioma that he alleged was caused by asbestos exposure as a pipefitter at Todd Pacific Shipyard in Long Beach, Gulf Oil in Santa Fe Springs, and Unilever (Lever Bros) in Commerce. Although the plaintiff sued over 40 defendants, only two remained at the time of verdict.
Robert Thackston and Claire Weglarz tried the case for HPTY’s client. Robert took lead for both defendants in opening and closing arguments as well as with plaintiffs’ experts. The Hon. Patrick T. Madden presided over the trial in Long Beach. At the end of closing argument, plaintiffs’ counsel (Brent Zadorozny of Weitz & Luxenberg, P.C.) urged the jury to award $20 million in compensatory damages.
Mesothelioma and asbestos
Schott, et al. v. Alfa Laval, Inc., et al.
Apr 03, 2012
OUTCOME: Plaintiff was unable to prove causation.
Court: Los Angeles County Superior Court - Central District
Robert Thackston and Claire Weglarz tried a wrongful death mesothelioma case against Simon Greenstone Panatier Bartlett, PC before Judge Kev...in Brazile in Los Angeles Superior Court. The Decedent served as a machinist mate in the Navy for 23 years. Plaintiff was seeking both compensatory and punitive damages from HPTY’s client, a manufacturer of gasket and packing products.
Plaintiff called as expert witnesses Dr. Edwin Holstein, Dr. Eugene Mark, and Dr. David Fractor. HPTY called its expert Dr. Fred Toca during Plaintiff's case-in-chief because he was unavailable later in the trial. HPTY also presented its client’s corporate representative.
After two weeks of trial, the judge granted HPTY’s motion for directed verdict (nonsuit). The judge sustained HPTY's evidentiary objections to the admission of deposition testimony of the Decedent and a co-worker regarding HPTY’s client’s products. In sustaining the objections, the judge found that the Decedent's and co-worker's product identification testimony was conclusory and lacked foundation, and he therefore excluded it all.
Mesothelioma and asbestos
Keeney, et al. v. A.W. Chesterton Company, et al.
Jan 27, 2012
OUTCOME: The jury assigned only 12% liability to HPTY’s client; 5% liability was assigned to Plaintiff.
Court: Superior Court of California, County of Los Angeles
Robert Thackston and Claire Weglarz obtained a favorable verdict for their client in this personal injury mesothelioma case. Representing th...e sole remaining defendant, they tried the case from December 12, 2011 to January 6, 2012. The jury deliberated for 14 days and returned a verdict on January 27, 2012.
Mesothelioma and asbestos
Matthew Swalling v. Reichhold Chemicals, Inc., et al.
Feb 17, 2011
OUTCOME: After two weeks of jury selection, and during opening statements, Plaintiff's counsel agreed to dismiss our client from the case.
Court: Supreme Court of the State of New York, County of New York
HPTY represented a supplier of plastic materials allegedly used in the manufacture of telephone and wiring equipment. Plaintiff worke...d in the telephone industry from 1967 to 1980 and alleged that exposure to asbestos during this time caused his mesothelioma. Plaintiff was 63 years old when he died and had a lost wages claim of several million dollars.
Plaintiff's counsel produced some evidence that HPTY's client was an approved supplier of plastic components used by Plaintiff's employer, but had no evidence of actual product usage. Further, HPTY developed a strong theory of alternative causation based on Plaintiff's work with fireproofing and insulation materials at several of his job sites. Despite the lack of real product identification, Plaintiff's counsel tried to leverage settlement by conjuring up numerous discovery disputes and moving to strike Defendant’s answer. None of these tactics proved successful.
Mesothelioma and asbestos
Donna Walmach v. Warren Pump
Jan 01, 2007
OUTCOME: Resolved at trial.
Court: Superior Court of California, County of Los Angeles.
Mesothelioma; Product Liability, Third Party Responsibility.
Contracts and agreements
DaimlerChrysler v. Bill Davis Racing, Inc.
Feb 09, 2006
OUTCOME: Jury awarded $6.5 million in damages to DaimlerChrysler
Court: United States District Court for the Eastern District of Michigan
DaimlerChrysler Motors Company, a Delaware limited liability company (Plaintiff/Counter-Defendant) vs. Bill Davis Racing, Inc.,... a North Carolina company (Defendant/Counter-Plaintiff). February 9, 2006, United States District Court in the Eastern District of Michigan, Southern Division (Honorable George Caram Steeh). Commercial litigation, breach of contract. Bill Davis Racing violated its six year contract when it divulged trade secret information to Toyota to help them enter NASCAR’s Craftsman Truck Series, and the jury awarded $6.5 million in damages to DaimlerChrysler, after 4 weeks in trial. The jury also denied Bill Davis Racing’s counter-claim against DaimlerChrysler for breach of contract.
