Schachter Harris Wins Garlock Sealing Technologies Case

Schachter Harris wins reversal of an appeal - judgment reversed for lack of causation proof.

2011-11-23

IRVING, TX, November 23, 2011 (Press-News.org) We represented Garlock Sealing Technologies, LLC in an appeal of a judgment against Garlock entered by the US District Court in Louisville, Kentucky. The United States Court of Appeals for the Sixth Circuit reversed the judgment and effectively rendered judgment against the plaintiff in Garlock's favor.

The plaintiff, Olwen Moeller, individually and as executrix for the estate of Robert L. Moeller, sued Garlock alleging Mr. Moeller's work as a pipefitter with asbestos-containing gaskets made by Garlock were a substantial cause of his mesothelioma. Plaintiff supported her claims with expert testimony from Arthur Frank, MD, Richard Hatfield, and one of Mr. Moeller's treating oncologists, Charles Webb, MD.

The Court of Appeals determined that the plaintiff had failed to prove that Garlock's products were a substantial cause of Mr. Moeller's mesothelioma as a matter of law. The Chief Judge for the Sixth Circuit, writing for the majority, explained:

On the basis of this record, saying that exposure to Garlock gaskets was a substantial cause of Robert's mesothelioma would be akin to saying that one who pours a bucket of water into the ocean has substantially contributed to the ocean's volume.

Read the Full Opinion: Garlock Wins Reversal of Mesothelioma Judgment for Lack of Causation Proof (http://www.schachterharris.com/Garlock-Wins-Reversal-of-Mesothelioma.pdf)

Approved as Special Asbestos Defense Counsel
Garlock Sealing Technologies, LLC, Garrison Litigation Management Group, Ltd, and The Anchor Packing Company asked our firm to serve as Special Asbestos Defense Counsel in their bankruptcy proceeding. As part of their reorganization, the court will estimate the value of present and future asbestos claims. The debtors have asked us to serve as trial counsel in the estimation proceeding.

For more information on business litigation, checkout http://www.schachterharris.com/.

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