LEITE v. CRANE CO.

Nos. 12-16864, 12-16982.

749 F.3d 1117 (2014)

Douglas P. LEITE; Mary Ann K. Leite, Plaintiffs-Appellants, v. CRANE COMPANY, a Delaware corporation; Aurora Pump Company, a foreign corporation; Bayer CropScience, Inc., successor-in-interest to Rhone-Poulenc AG Company, a foreign company, aka Amchem Products, Inc., aka Benjamin Foster Products Company; Union Carbide Corporation, a New York corporation; Air & Liquid Systems Corporation, successor-by-merger to Buffalo Pumps, Inc., a New York corporation; Certainteed Corporation, a Delaware corporation; Cleaver-Brooks, Inc., a Delaware corporation; Goulds Pumps, Inc., a Delaware corporation; IMO Industries, Inc., individually and as successor-in-interest to Delaval Turbine, Inc., a Delaware corporation, fka Delaval Steam Turbine Company, fka IMO Delaval, Inc., fka Transamerica Delaval, Inc.; Ingersoll Rand Company, a New Jersey corporation; John Crane, Inc., a Delaware corporation; The Lynch Company, Inc., a Hawaii corporation; Metropolitan Life Insurance Company, a New York corporation; Warren Pumps, LLC, a Delaware corporation; The William Powell Company, an Ohio corporation; Velan Valve Corporation, a New York corporation; Copes-Vulcan, a subsidiary of SPX Corporation, a Delaware corporation; Atwood & Morrill, a subsidiary of Weir Valves & Controls USA, Inc., a Massachusetts Corporation; Does 1 to 25, Defendants-Appellees. David Thompson, Plaintiff-Appellant, v. Crane Company, Delaware corporation; Aurora Pump Company, a foreign corporation; Bayer CropScience, Inc., successor-in-interest to Rhone-Poulenc AG Company, a foreign company, aka Amchem Products, Inc., aka Benjamin Foster Products Company; Union Carbide Corporation, a New York corporation; Air & Liquid Systems Corporation, successor-by-merger to Buffalo Pumps, Inc., a New York corporation; Certainteed Corporation, a Delaware corporation; Cleaver-Brooks, Inc., a Delaware corporation; Goulds Pumps, Inc., a Delaware corporation; IMO Industries, Inc., individually and as successor-in-interest to Delaval Turbine, Inc., a Delaware corporation, fka Delaval Steam Turbine Company, fka IMO Delaval, Inc., fka Transamerica Delaval, Inc.; Ingersoll Rand Company, a New Jersey corporation; John Crane, Inc., a Delaware corporation; The Lynch Company, Inc., a Hawaii corporation; Metropolitan Life Insurance Company, a New York corporation; Warren Pumps, LLC, a Delaware corporation; The William Powell Company, an Ohio corporation; Velan Valve Corporation, a New York corporation; Copes-Vulcan, a subsidiary of SPX Corporation, a Delaware Corporation; Atwood & Morrill, a subsidiary of Weir Valves & Controls USA, Inc., a Massachusetts Corporation; Does 1 to 25, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 25, 2014.


Attorney(s) appearing for the Case

L. Richard DeRobertis (argued), Gary O. Galiher , and Todd W. Eddins , Galhier DeRobertis Ono, Honolulu, HI, for Plaintiffs-Appellants.

Michael J. Ross (argued), Nicholas P. Vari , and Michael J. Zukowski , K & L Gates LLP, Pittsburgh, PA; Edward P. Sangster , K & L Gates LLP, San Francisco, CA, for Defendants-Appellees.

Before: ALEX KOZINSKI, Chief Judge, and RAYMOND C. FISHER and PAUL J. WATFORD, Circuit Judges.


OPINION

WATFORD, Circuit Judge:

The plaintiffs in these consolidated appeals, Douglas Leite and David Thompson, worked as machinists at the Pearl Harbor Naval Shipyard in Hawaii, where they were allegedly injured by exposure to asbestos. They sued defendants under state tort law on the theory that defendants failed to warn them of the hazards posed by asbestos used in and around equipment that defendants sold to...

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