Data v. A.O. Smith Corp.

MICHAEL DATA, DARLENE DATA, EXECUTRIX OF THE ESTATE OF MICHAEL DATA, DECEASED, AND DARLENE DATA IN HER OWN RIGHT; Plaintiffs, v. A.O. SMITH CORPORATION, A.R. WILFLEY & SONS, INC, ABB, INC., AS SUCCESSOR TO BROWN BOVERI (INDIVIDUALLY AND AS SUCCESSOR-IN-INTEREST TO ITE IMPERIAL CO F/K/A ITE CIRCUIT BREAKER COMPANY); ACCO MATERIAL HANDLING SOLUTION, INC., AECOM ENERGY & CONSTRUCTION, INC., AHLSTROM PUMPS LLC, AIR & LIQUID SYSTEMS CORPORATION, SUCCESSOR-BY-MERGER TO BUFFALO PUMPS, INC.; AJAX MAGNETHERMIC CORPORATION, ALFA LAVAL, INC., ALLIED GLOVE CORPORATION, ARMSTRONG INTERNATIONAL, INC., ARMSTRONG PUMPS, INC., ATLAS INDUSTRIES, INC., ATWOOD & MORRILL CO., INC., BAKER HUGHES, A GE COMPANY, LLC; BEAZER EAST, INC., IN ITS OWN RIGHT AND AS SUCCESSOR TO KOPPERS CO., INC., AND OTHER RELATED COMPANIES, INCLUDING THIEM CORPORATION, BEAZER USA, INC., AND BEAZER, PLC; BMI REFRACTORY SERVICES, INC., BORGWARNER MORSE TEC LLC, BRAND INSULATIONS, INC., BRYAN STEAM, LLC, BURNHAM LLC, BW/IP, INC., CAMERON INTERNATIONAL CORPORATION, CAMPBELL HAUSFELD, LLC, CARRIER CORPORATION, CARVER PUMP COMPANY, CASHCO, INC., CATERPILLAR, INC., CATERPILLAR GLOBAL MINING AMERICA, LLC, CBS CORPORATION, AS SUCCESSOR BY MERGER TO CBS CORP.; CERTAINTEED CORPORATION, CLARK EQUIPMENT COMPANY, CLARK RELIANCE CORPORATION, AND ITS DIVISION JERGUSON GAGE AND VALVE; CLEAVER-BROOKS, CLYDE UNION, INC., INDIVIDUALLY AND AS SUCCESSOR-BY-MERGER TO UNION PUMP COMPANY; COLUMBUS MCKINNON CORP., SUCCESSOR-BY-MERGER TO LIFT TECH INTERNATIONAL, INC., AND ITS SHAW-BOX HOIST DIVISION; CORNING INCORPORATED, ON BEHALF OF ITS FORMER CORHART REFRACTORIES BUSINESS DIVISION; CRANE COMPANY, INC., CROSBY VALVE, LLC, CUMMINS, INC., DANA COMPANIES, LLC, DANIELI CORPORATION, DAP, INC, DEZURIK, INC., DICK CORPORATION, DRAVO CORPORATION, EATON CORPORATION, AS SUCCESSOR-IN-INTEREST TO CUTLER-HAMMER, INC.; EICHLEAY CORPORATION, ELECTROLUX HOME PRODUCTS INC., ELLIOTT COMPANY, EMERSON CLIMATE TECHNOLOGIES, INC., IN ITS OWN RIGHT AND AS SUCCESSOR-IN-INTEREST TO ALCO VALVE COMPANY; FLOWSERVE CORPORATION, FLOWSERVE CORPORATION, FLOWSERVE U.S. INC., SOLELY AS SUCCESSOR TO NORDSTROM AUDCO, EDWARD VALVES INC., NORDSTROM VALVES, INC., AND ROCKWELL MANUFACTURING COMPANY; FLOWSERVE U.S. INC., SUCCESSOR TO VALTEK INTERNATIONAL; FLSMIDTH DORR-OLIVER, INC., AS SUCCESSOR-IN-INTEREST TO KEELER/DORR-OLIVER BOILER COMPANY; FLSMIDTH, INC., FMC CORPORATION, FORD MOTOR COMPANY, FOSTER WHEELER LLC, GARDNER DENVER, INC., GENERAL ELECTRIC COMPANY, GENUINE PARTS COMPANY, GOULD ELECTRONICS, INC., GREENE TWEED & COMPANY, GOULDS PUMPS, LLC, GRINNELL, LLC, GUARD LINE, INC., HONEYWELL, INC., HONEYWELL INTERNATIONAL, INC., AS SUCCESSOR-IN-INTEREST TO THE BENDIX CORPORATION; HONEYWELL INTERNATIONAL, INC., IN ITS OWN RIGHT AND AS SUCCESSOR-IN-INTEREST TO ALLIED CORPORATION (WILPUTTE COKE OVEN DIVISION), AND AS SUCCESSOR-IN-INTEREST TO ALLIED CHEMICAL (WILPUTTE COKE OVEN DIVISION), AND AS SUCCESSOR-IN-INTEREST TO WILPUTTE COKE OVEN CORPORATION; HOWDEN NORTH AMERICA, INC., HUNTER SALES CORPORATION, HYSTER-YALE GROUP, INC., I.U. NORTH AMERICA, INC., AS SUCCESSOR BY MERGER TO THE GARP COMPANY, FORMERLY KNOWN AS THE GAGE COMPANY, FORMERLY KNOWN AS THE GAGE COMPANY, FORMERLY KNOWN AS PITTSBURGH GAGE AND SUPPLY COMPANY; IMO INDUSTRIES, INC., INDUCTOTHERM INDUSTRIES, INC., INDUSTRIAL RUBBER PRODUCTS, INGERSOLL-RAND CORPORATION, ITT INDUSTRIES, INC., JOHNSON CONTROLS, INC., JOY GLOBAL SURFACE MINING, INC., JOY GLOBAL UNDERGROUND MINING, LLC, KELSEY-HAYES COMPANY, LEEDS & NORTHRUP COMPANY, LINDBERG, LINDBERG MPH, M.S. JACOBS & ASSOCIATES, INC., MACK TRUCKS, INC., MAGNETEK, INC., M.V.S. COMPANY, MALLINCKRODT U.S. HOLDINGS, LLC, MCCARLS, INC., MCMASTER CARR SUPPLY, MCNALLY INDUSTRIES, LLC, IN ITS OWN RIGHT AND ITS NORTHERN PUMPS DIVISION, IN ITS OWN RIGHT; MCNEIL (OHIO) CORPORATION, MESTEK, INC., MET-PRO CORPORATION, AND ITS DEAN PUMP BRAND; MILWAUKEE VALVE COMPANY, MINE SAFETY APPLIANCE COMPANY, MINNOTTE CONTRACTING CORPORATION, MORGAN ENGINEERING SYSTEMS, INC., MOYNO, INC., MUELLER CO., LLC, MUELLER STEAM SPECIALTY, MW CUSTOM PAPERS, LLC, NAGLE PUMPS, INC., NAVISTAR, INC., NORTEK GLOBAL HVAC, LLC, AS SUCCESSOR BY MERGER TO REZNOR, LLC; NORTH AMERICAN MANUFACTURING CO., OSRAM SYLVANIA, INC., IN ITS OWN RIGHT AND AS SUCCESSOR-IN-INTEREST TO GTE PRODUCTS CORPORATION, THE CLARK CONTROLLER COMPANY AND A.O. SMITH CORPORATION; PECORA CORPORATION, PENNSYLVANIA POWER COMPANY, PENTAIR VALVES & CONTROLS, LLC, PNEUMO ABEX, LLC, AS SUCCESSOR-IN-INTEREST TO ABEX CORPORATION; POWER PIPING COMPANY, RCH NEW CO., II LLC, AN ALLEGED SUCCESSOR TO H.H. ROBERTSON COMPANY; READING CRANE AND ENGINEERING COMPANY, RESEARCH-COTTRELL, INC., REUNION INDUSTRIES, INC., RILEY POWER, INC., ROBBINS & MYERS, INC., ROBINSON FANS, INC., ROCKWELL AUTOMATION, INC., SUCCESSOR BY MERGER TO ALLEN BRADLEY CO; RUST ENGINEERING & CONSTRUCTION, INC., SAINT-GOBAIN ABRASIVES, INC., SAUER, INC., SCHNEIDER ELECTRIC USA, INC., SIEMENS INDUSTRY, INC., IN ITS OWN RIGHT, AND AS SUCCESSOR-IN-INTEREST TO I-T-E CIRCUIT BREAKER COMPANY; SIMAKAS COMPANY, INC., SPIRAX SARCO, INC., SPX COOLING TECHNOLOGIES, INC., STERLING FLUID SYSTEMS (USA), LLC, SUNBEAM PRODUCTS, INC., AS SUCCESS-IN-INTEREST TO SUNBEAM CORPORATION; SUNDYNE, LLC, SURFACE COMBUSTION, SWINDELL-DRESSLER INTERNATIONAL COMPANY, THE GOODYEAR TIRE & RUBBER COMPANY, THE GORMAN-RUPP COMPANY, THE NASH ENGINEERING COMPANY, THE WILLIAM POWELL COMPANY, TRANE U.S. INC., IN ITS OWN RIGHT AND AS SUCCESSOR TO WESTINGHOUSE AIRBRAKE AND/OR WABCO; TRUMBELL INDUSTRIES, INC., TUTHILL CORPORATION, UB WEST VIRGINIA, INC., UNION CARBIDE CORPORATION, UNITED CONVEYOR CORPORATION, VELAN VALVE CORPORATION, VIKING PUMP, INC., W.W. GRAINGER, INC., WARREN PUMPS, LLC, WASHINGTON GROUP INTERNATIONAL, AND ALL ITS DOMESTIC SUBSIDIARIES INCLUDING THE BADGER COMPANY, INC.; WATSON MCDANIEL COMPANY, WATTS REGULATOR CO., WEIL-MCLAIN COMPANY, WHEELABRATOR AIR POLLUTION CONTROL, INC., WT/HRC CORPORATION, WTI RUST HOLDINGS, INC., YORK INTERNATIONAL CORPORATION, YUBA HEAT TRANSFER LLC, ZURN INDUSTRIES, INDUSTRIAL HOLDINGS CORPORATION, SURFACE COMBUSTION, LINDBERG, DICK CORPORATION, NORTEK GLOBAL HVAC, LLC, FLSMIDTH, INC., MARLEY-WYLAIN COMPANY, INCORRECTLY DESIGNATED AS WEIL-MCLAIN COMPANY; SIMAKAS COMPANY, INC., TRUMBULL INDUSTRIES, INC., UB WEST VIRGINIA, INC., F/K/A/ UNION BOILER COMPANY; MW CUSTOM PAPERS, LLC, WT/HRC CORPORATION, WHEELABRATOR AIR POLLUTION CONTROL, INC., MVS COMPANY, SULZER PUMPS (US), INC., MESTEK, INC., MESTEK, INC., SULZER PUMPS (US), INC., GOULD ELECTRONICS, INC., MESTEK, INC., SULZER PUMPS SOLUTIONS, INC., Defendants, et al.

No. 19-cv-00879

United States District Court, W.D. Pennsylvania

November 9, 2021

5

REPORT AND RECOMMENDATION

Cynthia Reed Eddy, Chief United States Magistrate Judge.

I. RECOMMENDATION

This civil action was initiated in the Court of Common Pleas of Allegheny County, Pennsylvania by Plaintiff Darlene Data and was removed to this court by certain Defendants on July 22 2019. Plaintiff asserts state law tort claims related to asbestos exposure against the Defendants. The court has jurisdiction under 28 U.S.C. 1333 and 1367.

Before the Court for consideration are several motions for summary judgment related to product identification. Specifically, the following motions are ripe for the Court's consideration:

Motion for Summary Judgment Filed
              By:
Motion ECF No.:
Response to Summary Judgment ECF
              No.:
Reply to Summary Judgment ECF No.:

M.S. JACOBS & ASSOCIATES, INC.

983 and 1010

1146/1147/1148

1178

FLOWSERVE U.S. INC., SOLELY AS SUCCESSOR TO NORDSTROM AUDCO INC., EDWARD VALVES, INC., NORDSTROM VALVES, INC. AND ROCKWELL MANUFACTURING

985

1171

1181

ARMSTRONG INTERNATIONAL, INC.

1015

1121/1148

1173

THE NASH ENGINEERING COMPANY

1024

1119/1148

n/a

HONEYWELL, INC.

1025

1131/1148

n/a

6

THE WILLIAM POWELL COMPANY

1027

1129/1148

n/a

CLYDE UNION, INC.

1030

1130/1148

1179

AIR & LIQUID SYSTEMS CORPORATION

1044

1128/1148

1176

DCo LLC (f/k/a Dana Companies LLC)

1046

1126/1148

1175

I.U. NORTH AMERICA, INC

1049

1123/1148

1174

ATWOOD & MORRILL CO., INC.

1051

1134/1135/1148

1182

VIKING PUMP, INC.

1052

1125/1148

1177

GENERAL ELECTRIC COMPANY

1063

1124/1148

1170

DEZURIK, INC.

1067

1138/1139/1148

n/a

ALFA LAVAL, INC.

1073

1132/1148

1168

FMC CORPORATION

1074

1140/1141/1148

1169

GARDNER DENVER, INC.

1076

1142/1143/1148

1162

HYSTER-YALE GROUP, INC.

1079

1127/1148

1167

BW/IP, INC.

1084

1136/1137/1148

n/a

CLARK EQUIPMENT COMPANY

1085

1120/1148

1165

For the following reasons, it is respectfully recommended that the following motions be:

Motion for Summary Judgment Filed
              By:
Motion ECF No.:
Recommendation

M.S. JACOBS & ASSOCIATES, INC.

983 and 1010

Granted

FLOWSERVE U.S. INC., SOLELY AS SUCCESSOR TO NORDSTROM AUDCO INC., EDWARD VALVES, INC., NORDSTROM VALVES, INC. AND ROCKWELL MANUFACTURING

985

Granted

ARMSTRONG INTERNATIONAL, INC.

1015

Granted

THE NASH ENGINEERING COMPANY

1024

Denied without prejudice due to bankruptcy stay

HONEYWELL, INC.

1025

Denied

THE WILLIAM POWELL COMPANY

1027

Granted

CLYDE UNION, INC.

1030

Granted

AIR & LIQUID SYSTEMS CORPORATION

1044

Denied

DCo LLC (f/k/a Dana Companies LLC)

1046

Granted in part and denied in part

I.U. NORTH AMERICA, INC

1049

Granted

ATWOOD & MORRILL CO., INC.

1051

Granted

VIKING PUMP, INC.

1052

Granted

GENERAL ELECTRIC COMPANY

1063

Granted in part and denied in part

DEZURIK, INC.

1067

Granted

ALFA LAVAL, INC.

1073

Granted

7

FMC CORPORATION

1074

Granted in part and denied in part

GARDNER DENVER, INC.

1076

Denied

HYSTER-YALE GROUP, INC.

1079

Granted

BW/IP, INC.

1084

Granted

CLARK EQUIPMENT COMPANY

1085

Granted

8

II. REPORT

a. Background

Because each motion is fact specific to each moving Defendant, only general background is provided and the facts applicable to each moving...