1. Home
  2. Browse Decisions
  3. SYDOW v. WEYERHAEUSER COMPANY
 

SYDOW v. WEYERHAEUSER COMPANY

Case No. 14-cv-219-wmc.

WESLEY F. SYDOW and THERESA SYDOW, Plaintiffs, v. WEYERHAEUSER COMPANY, 3M COMPANY, METROPOLITAN LIFE INSURANCE COMPANY, and OWENS-ILLINOIS INC., Defendants.

United States District Court, W.D. Wisconsin.

August 22, 2014.

Attorney(s) appearing for the Case

Wesley F. Sydow, Plaintiff, represented by Michael P. Cascino , Cascino Vaughan Law Offices, Ltd., James Nicholas Hoey , Cascino Vaughan Law Offices, Ltd. & Robert G. McCoy , Cascino Vaughan Law Offices, Ltd..

3M Company, Defendant, represented by Edward J. McCambridge , Segal McCambridge Singer & Mahoney, Ltd. & Emily Zapotocny , Segal McCambridge Singer & Mahoney, Ltd..

Metropolitan Life Insurance Company, Defendant, represented by William P. Croke , von Briesen & Roper, s.c..

Owens-Illinois Inc., Defendant, represented by Brian O'Connor Watson , Schiff Hardin LLP, Edward M. Casmere , Schiff Hardin, LLP & Matthew John Fischer , Schiff Hardin LLP.

Marshfield DoorSystems, Inc., Interested Party, represented by Sherry Dawn Coley , Godfrey & Kahn, S.C. & Joshua Lee Johanningmeier , Godfrey & Kahn S.C..

ORDER

WILLIAM M. CONLEY, District Judge.

In this action, plaintiffs Wesley F. Sydow and Theresa Sydow bring claims against defendants arising out of Wesley's exposure to asbestos and a related disease, malignant mesothelioma. Defendant Weyerhaeuser Company, the former owner of a door manufacturing plant where Wesley Sydow worked and asbestos fireproofing products were produced, moves for judgment on the pleadings on the claims brought against it as barred by Wisconsin's Workers' Compensation Act. (Dkt. #23.) The court will grant that motion for the reasons set forth in its opinion and order in Boyer v. Weyerhaeuser, No. 14-cv-286 (W.D. Wis. Aug. 22, 2014).1

ORDER

IT IS ORDERED that defendant Weyerhaeuser Company's motion to dismiss (dkt. #23) is GRANTED. Count III and IV of plaintiffs' first amended complaint are dismissed with prejudice and defendant Weyerhaeuser is dismissed from this action.

FootNotes


1. The court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332(a). Plaintiffs Wesley and Theresa Sydow are citizens of Wisconsin. (1st Am. Compl. (dkt. #69-1) ¶ 1.) As explained in the Boyer opinion the named defendants are citizens of states other than Wisconsin. The court will dismiss the "unknown insurers" as defendants.

Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases