Segal McCambridge Attorneys Jason Eckerly and Cameron Turner Obtain Reversal in Asbestos Interlocutory Appeal

News

April 1, 2016

(LOS ANGELES, California) – The Segal McCambridge team of Jason Eckerly and Cameron Turner, on behalf of their client Weil-McLain, were successful in their interlocutory appeal of the Los Angeles Superior Court’s decision denying the application of Michigan law to Plaintiff’s claims.  The Court of Appeals vacated the earlier Order denying Weil-McLain’s motion to apply Michigan law to the Plaintiff’s claim and issued an Order granting the motion. This matter was set for trial, but the interlocutory appeal stayed the imminent trial pending the appeal.

In issuing its Order, the Court of Appeals applied the government interest standard to determine whether to apply Michigan or California law. Plaintiff worked as a plumber and pipefitter in Michigan, where he allegedly cleaned and installed boilers manufactured by Weil-McLain. Later, Plaintiff moved to California.  Though he continued to be exposed to asbestos, he had no contact with Weil-McLain products after leaving Michigan.  He sued Marley-Wylain (Weil-McLain is now a division of the Marley Wylain Company), among other entities, for damages arising from his exposure to asbestos and at issue was whether the Court should apply California or Michigan law.  Applying the government interest standard, the Court found that the laws of Michigan and California applicable to the case differed, the laws were in conflict, and Michigan’s interest would be more impaired in this case than California’s.