Articles Posted in US Court of Appeals for the Seventh Circuit

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Krik has lung cancer Krik smoked a pack and a half of cigarettes every day for 30 years. From 1954-1960 Krik also worked aboard navy vessels removing insulation produced by Owens‐Illinois, which he claimed exposed him to asbestos fibers. For two weeks, he worked as an independent contractor at Mobil’s Joliet refinery replacing heaters that Krik claimed were insulated with asbestos. In his suit against Owens and Mobil, a jury found that cigarettes were the sole cause of Krik’s cancer. The Seventh Circuit affirmed, upholding the district court's exclusion of testimony from Krik's expert concerning theories that any exposure to asbestos fibers whatsoever, regardless of the amount of fibers or length of exposure constitutes an underlying cause of injury to the exposed individual. The court also rejected a claim that he was denied a fair trial when Mobil, with the knowledge of Owens, hired a private investigator to secretly conduct an interview of a sitting juror’s acquaintance, to verify and investigate information revealed by the juror. Neither issue was prejudicial and denied Krik a fair trial. View "Krik v. Exxon Mobil Corp." on Justia Law

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While working on his employer’s roof, Cripe was exposed to fumes from PUR‐FECT LOK® 834A, a glue made by Henkel. and containing methylene diphenyl diisocyanate (MDI). Cripe claims that exposure to MDI caused him neurological and psychological problems, which could have been avoided by better warnings. The district court granted Henkel summary judgment, ruling that a toxic‐tort claim under Indiana law depends on expert proof of causation and that the Cripe had not produced such evidence. Cripe identified only one expert—Robinson, a specialist in the language of warnings, who disclaimed any opinion on causation. The Seventh Circuit affirmed. Cripe had not disclosed treating physicians as experts under FRCP 26(a)(2)(A). The fact that Robinson attached the physicians’ reports to her own did not indicate that they would function as experts. Rule 26(a)(2) requires more than disclosure of a potential expert’s name; documents attached to Robinson’s report did not contain any of the required information. Most of the physicians’ evaluations summarized Cripe’s symptoms and proposed treatment without discussing causation. None suggested a mechanism by which MDI would have caused the symptoms. By contrast, Henkel provided the district court with a comprehensive evaluation of MDI prepared by the World Health Organization. View "Cripe v. Henkel Corp." on Justia Law

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In 1952, the patent for a “Composite Fire Door,” issued to Owens‐Illinois. The patent claims never specifically mention asbestos, but describe a fire door with a “core of inorganic, rigid, fireproof, lightweight material of a substantially uniform apparent density and consistency throughout.” In 1956, Owens‐Illinois licensed the patent to Weyerhauser’s predecessor. Until 1978, its Marshfield, Wisconsin plant produced fire doors that used asbestos as a thermal insulator. The plaintiffs were all employees of that Marshfield plant and developed mesothelioma as a result of asbestos exposure. The Seventh Circuit affirmed the dismissal of their claims as covered by the exclusive remedy provisions of Wisconsin’s Worker’s Compensation Act, Wis. Stat. 102.03(2). The court rejected an attempt to avoid that bar by recharacterizing their injuries as occurring off the job based on a “public nuisance” theory involving ambient asbestos. The court characterized the claims against Owen‐Illinois claims as frivolous. View "Masephol v. Weyerhaeuser Co." on Justia Law