11 F. Supp. 3d 1119
D. Wyo.2014Background
- MDL centralized in 2011 and transferred to this Court in December 2013 under 28 U.S.C. § 1404(a).
- Plaintiff Ronald Johnson, personal representative of H. Paul Johnson’s estate, sues five defendants for mesothelioma death linked to asbestos exposure.
- Johnson, a Wyoming-based carpenter, worked at Dave Johnston Power Plant (1952–1963) and later served as a union Business Agent visiting JBPP, DJPP, and FMC Green River monthly.
- Plaintiff asserts products liability or premises liability claims against the defendants; Defendants move for summary judgment arguing lack of causation evidence.
- Choice-of-law analysis centers on Pennsylvania law as the transferor state; the court discusses false-conflict doctrine and ultimately applies Pennsylvania substantive law for causation and repose.
- Court grants summary judgment to all five defendants, applying Pennsylvania’s statute of repose and Wyoming/Pennsylvania causation considerations where applicable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Causation standard under conflict laws | Johnson argues PA causation standard governs asbestos cases. | Defendants contend no true conflict; WY standard may apply, or generalized substantial-factor test suffices. | No true conflict; apply generalized substantial-factor causation; no competent link shown. |
| Choice of law for causation and statute of repose | Choice favors PA law on causation and repose. | Transferor state's law should govern; potential WY influence; false conflict resolves to PA governs. | PA substantive law governs; PA statute of repose applies due to transfer. |
| Application of Pennsylvania's statute of repose to Bechtel, CBS, and GE | Repose should bar claims against these entities if construction occurred long before suit. | Repose bars claims for design/construction roles; Bechtel, CBS, GE entitled to repose-based dismissal. | Bechtel, CBS, and GE granted summary judgment under PA statute of repose. |
Key Cases Cited
- Ferens v. John Deere Co., 494 U.S. 516 (1990) (when transfer under § 1404(a), transferor state's law applies)
- T Trierweiler v. Croxton & Trench Holding Corp., 90 F.3d 1523 (10th Cir.1996) (transferee court must follow transferor choice-of-law rules)
- Titeflex Corp. v. Natl. Union Fire Ins. Co. of Pittsburgh, 88 A.3d 970 (Pa.Sup.Ct.2014) (false conflict where laws yield same result; avoid choice-of-law question)
- Gregg v. V-J Auto Parts Co., 943 A.2d 216 (Pa. 2007) (frequency, regularity, and proximity standard for asbestos causation at summary judgment)
- McMahon v. Celotex Corp., 962 F.2d 17 (10th Cir.1992) (unpublished opinion noting causation factors in context)