Burton v. American Cyanamid Co et al
| Glenn Burton, Jr |
| American Cyanamid Co, Armstrong Containers Inc, EI Dupont De Nemours and Company Incorporated, Millenium Holdings LLC, NL Industries Inc, Atlantic Richfield Company and Sherwin-Williams Co |
| 2:2007cv00303 |
| March 28, 2007 |
| US District Court for the Eastern District of Wisconsin |
| Milwaukee Office |
| Milwaukee |
| Lynn Adelman |
| P.I.: Other |
| 28 U.S.C. ยง 1441 Petition for Removal- Personal Injury |
| Both |
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Filing
1894
DECISION AND ORDER signed by Judge Lynn Adelman on 8/16/22 DENYING 1868 Motion to Amend/Correct and DENYING 1880 Motion for Reconsideration. (cc: all counsel)(kmr)
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Filing
1866
ORDER signed by Judge Lynn Adelman on 3/2/22 that defendant Armstrong's motion for leave to file notice of joinder in Du Pont's renewed motion for summary judgment 1830 is GRANTED. Defendant Du Pont's renewed motion for summary judgment at 1853 is GRANTED. (cc: all counsel)(jad)
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Filing
1816
ORDER signed by Judge Lynn Adelman on 3/22/21 denying 1779 Motion to Disqualify Judge; granting 1812 Motion for Leave to File. (cc: all counsel)(jad)
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Filing
1777
ORDER signed by Judge Lynn Adelman on 4/10/20 that DuPont's Motion for Joinder in Armstrong Containers and Sherwin-Williams motions for new trial 1742 is GRANTED. DuPont's Motion for New Trial 1723 is DENIED. Sherwin-Williams' Mo tion for New Trial 1726 is GRANTED to the extent that the damages award to Glenn Burton shall be remitted to $800,000.00, and DENIED in all other respects. Armstrong Containers' Motion for New Trial 1739 is DENIED. (cc: all counsel) (jad)
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Filing
1776
ORDER signed by Judge Lynn Adelman on 2/28/20 that Armstrong Containers' motion for judgment as a matter of law 1737 is DENIED. (cc: all counsel) (jad)
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Filing
1775
ORDER signed by Judge Lynn Adelman on 2/27/20 that Sherwin-Williams' motions for judgment as a matter of law 1731 , 1734 are DENIED. (cc: all counsel) (jad)
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Filing
1706
ORDER signed by Judge Lynn Adelman on 9/19/19 that DuPont's motion for joinder in Sherwin Williams motion for Judgment NOV based on Wisconsin public policy factors 1662 is GRANTED. Sherwin Williams' motion for judgment NOV based on Wisco nsin public policy factors 1659 is DENIED. Armstrong Containers' motion to preclude liability based on public policy factors 1664 is DENIED. Sherwin Williams' renewed motion for judgment as a matter of law 1669 is DENIED. (cc: all counsel) (jad)
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Filing
1119
ORDER signed by Judge Lynn Adelman on 1/25/19 DENYING motion to exclude causation testimony of Idit Trope 601 ; DENYING motion to exclude opinions of James Besunder 672 ; DENYING motion to exclude testimony of Peter Karofsky 578 ; GRANTING IN PAR T AND DENYING IN PART motion to exclude testimony of William Banner 694 ; GRANTING IN PART AND DENYING IN PART motions to exclude certain opinions and testimony of David Jacobs 632 ; DENYING motions to exclude opinions of Jenifer Heath 660 ; DENYI NG motion to exclude opinions of Timothy Riley 541 ; DENYING motions to exclude opinions and testimony of Vanessa Elliot Bell; GRANTING motions to exclude opinions of Elissa Benedek 715 ; DENYING motions to exclude expert opinion testimony of Dr. B rian Magee; GRANTING motions to exclude expert opinion testimony of David Schretlen 590 ; DENYING motions to exclude expert opinions and testimony of John Sharpless 557 ; DENYING motions to exclude opinions of Laurence Steinberg 657 ; GRANTING mot ions to exclude testimony of Dean Webster 666 ; DENYING Cesar Sifuentes' motion to exclude testimony of Roxanne Tibbits (No. 10-c-75 #409); DENYING motion to exclude certain testimony of Tatiana Joseph (No. 10-c-75, #473); and DENYING Cesar Sifuentes' motion to exclude expert opinions and testimony of Sheila Moore (NO. 10-c-75 #448). (cc: all counsel) (jad)
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Filing
1078
ORDER signed by Judge Lynn Adelman on 11/2/18. IT IS ORDERED that plaintiffs motions for summary judgment on this issue of ARCO being successor-in-interest to the MacGregor Lead Company (No. 07-C-0303, 629 ; No. 07-C-0441, 562 ; No. 10-C-0075, 503 ) are GRANTED. (cc: all counsel) (jad)
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Filing
1074
ORDER signed by Judge Lynn Adelman on 10/9/18. IT IS ORDERED that Plaintiffs' Motions for Partial Summary Judgment on Defendants Constitutional Affirmative Defenses (No. 07-CV-0303, 617 ; No. 07-CV-441, 541 ; No 10-CV-0075, 477 ) are DENIED. IT IS FURTHER ORDERED that plaintiffs' motions for summary judgment on the Fungibility of White Lead Carbonate (No. 07-CV-0303, 682 ; No. 07-CV-0441, 616 ; No. 10-CV-0075, 543 ) are GRANTED. IT IS FURTHER ORDERED that Plaintiffs' Motions for Partial Summary Judgment on Parental Immunity (No 07-C-0303, 689 ; No. 07-C-0441, 625 ; No. 10-C-0075, 553 ) are DENIED. IT IS FURTHER ORDERED that Plaintiffs' Motions for Summary Judgment on Misuse (No. 07-CV-0303, 674 ; No. 07-CV-0441 , 610 ; No. 10-CV-0075, 530 ) are GRANTED IN PART AND DENIED IN PART. IT IS FURTHER ORDERED that Plaintiffs' Motions for Summary Judgment on Superseding, Intervening Cause (No. 07-C-0303, 688 ; No. 07-C-0441, 624 ; No. 10-C-0075, 552 ) are DENIED. IT IS FURTHER ORDERED that Plaintiffs' Motions for Summary Judgment on Failure to Mitigate Damages (No. 07-C-0303, 662 ; No. 07-C-0441, 587 ; No. 10-C-0075, 521 ) are GRANTED IN PART and DENIED IN PART. IT IS FURTHER ORDERED that Atla ntic Richfield's motions for leave to file Sur-Reply in Opposition to Plaintiff's Motions for Partial Summary judgment on Exculpatory Defenses (No. 07-C-0303, 1029 ; No. 07-C-0441, 959 ; No. 10-C-0075, 895 are GRANTED. IT IS FURTHER ORD ERED that Plaintiffs' Motions for Summary Judgment on the Exculpatory When and Where Defenses (No 07-C-0303, 710 ; No. 07-C-0441, 645 ; No. 10-C-0075, 579 ) are DENIED. IT IS FURTHER ORDERED that Plaintiffs' Motions to Restrict Documents (No 07-C-0303, ECF 707 ; No. 07-C-0441, 643 ; No 10-C-0075, 577 ) are GRANTED. (cc: all counsel) (jad)
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Filing
1070
ORDER signed by Judge Lynn Adelman on 9/12/18. IT IS ORDERED that defendant Sherwin-Williams Motion for Summary Judgment on Failure to Warn (No. 07-CV-0303 570 ; No. 07-CV-0441, 497 ; No. 10-CV-0075, 427 ) is GRANTED IN PART and DENIED IN PART. I T IS FURTHER ORDERED that defendant American Cyanamids Motion for Summary Judgment (No. 07-CV-0303, 553 ; No. 07-CV-0441, 498 ; No. 10-CV-0075, 436 ) is GRANTED IN PART and DENIED IN PART. IT IS FURTHER ORDERED that defendant Armstrong Containers Motion for Summary Judgment (No. 07-CV-0303, 613 ; No. 07-CV-0441, 551 ; No. 10-CV-0075, 494 ) is GRANTED IN PART and DENIED IN PART. IT IS FURTHER ORDERED that defendant Atlantic Richfield Companys Motions for Summary Judgment Based on Component Suppliers Lack of Legal Duty to Warn (No. 07-cv-0303, 530 ; No. 07-cv-0441, 467 ; No. 10-cv-0075, 397 ) are GRANTED IN PART. (cc: all counsel) (jad)
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Filing
1064
ORDER signed by Judge Lynn Adelman on 8/16/18. IT IS ORDERED that Defendant E.I. DuPont de Nemours Companys Joinder in Defendant The Sherwin Williams Company's Opposition to Defendant Atlantic Richfield Company's Motion to Exclude All Test imony by Plaintiffs' Expert Historians David Rosner, Gerald Markowitz, and John Gurda 849 is GRANTED. IT IS FURTHER ORDERED that Defendant Atlantic Richfield Company's Motion to Exclude All Testimony by Plaintiff's Expert Historians G erald Markowitz, David Rosner and John Gurda 574 is DENIED. IT IS FURTHER ORDERED that Defendant The Sherwin-Williams Company's Motion for Joinder in Defendant Atlantic Richfield Company's Motion in Limine Precluding Specific Testimony by Gerald Markowitz, David Rosner and John Gurda 583 is GRANTED. IT IS FURTHER ORDERED that Defendant Armstrong Containers, Inc.'s Joinder in Defendant Atlantic Richfield Company's Reply in Support of Its Motion In Limine Precluding Specific Testimony by Gerald Markowitz, David Rosner, and John Gurda 1005 is GRANTED. IT IS FURTHER ORDERED that Defendant Atlantic Richfield Company's Motion in Limine to Preclude Specific Testimony by Gerald Markowitz, David Rosner and John Gurda [537 ]is DENIED. IT IS FURTHER ORDERED that Defendant American Cyanamid Company's Motion for an Order In Limine To Preclude Specific Testimony by Gerald Markowitz and David Rosner 592 is DENIED. IT IS FURTHER ORDERED that Plaintiffs' Motions to Exclude Expert Opinion Testimony of Dr. Peter N. Golder Ph.D. 588 are GRANTED. IT IS FURTHER ORDERED that Plaintiffs' Motions to Exclude the General Expert Opinions of Kent Van Liere, Ph.D. 679 are GRANTED. IT IS FURTHER ORDERED that Plainti ffs' Motions to Exclude Opinions of Alan Sorensen, Ph.D. 686 are GRANTED. IT IS FURTHER ORDERED that Plaintiffs' Motions to Exclude the General Expert Opinions of Michael C. Reis 709 are GRANTED IN PART and DENIED IN PART. IT IS FURTHER ORDERED that Plaintiffs' Motions to Exclude the Expert Opinions and Testimony of Glenn Bugos, Ph.D. 566 are GRANTED IN PART and DENIED IN PART. IT IS FURTHER ORDERED that Plaintiffs' Motions to Exclude the Expert Opinions and Testimony of David J. Teece 624 are GRANTED IN PART and DENIED IN PART. IT IS FURTHER ORDERED that Plaintiffs' Motions to Limit the Expert Opinion Testimony of Colleen A. Dunlavy, Ph.D. 621 are GRANTED IN PART and DENIED IN PART. IT IS FURTHER ORDERED that Plaintiffs' Motions to Exclude Expert Opinion Testimony of Joseph P. Kalt, Ph.D. 577 are DENIED. (cc: all counsel) (jad)
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Filing
1060
ORDER signed by Judge Lynn Adelman on 7/18/18 denying 567 Motion to Exclude; denying 599 Motion for Summary Judgment. (cc: all counsel) (jad)
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Filing
1059
DECISION AND ORDER signed by Judge Lynn Adelman on 7/13/18 denying 640 Motion for Summary Judgment. (cc: all counsel) (jad)
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Filing
1058
ORDER signed by Judge Lynn Adelman on 6/12/18 denying 530 Motion for Summary Judgment and granting 610 Motion for Joinder. (cc: all counsel) (jad)
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Filing
1057
ORDER signed by Judge Lynn Adelman on 6/4/18 denying 653 Motion for Summary Judgment. (cc: all counsel) (jad)
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Filing
1054
IT IS ORDERED that American Richfield Corporations motions for summary judgment (No. 07-cv-0303, 543 ; No. 07-cv-0441, 481 ; No. 10-cv-0075, 410 are DENIED. Signed by Judge Lynn Adelman on 05/11/2018. (cc: all counsel) (lls)
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Filing
500
ORDER signed by Judge Lynn Adelman on 1/3/17 that the following motions are DENIED without prejudice but may be renewed by the parties if they remain unresolved: Case No. 07-CV-0303, ECF Nos. 453, 456, 461, 484 & 494; Case No. 07-CV-0441, ECF Nos. 3 93, 396, 401, 423 & 434; Case No. 10-CV-0075, ECF Nos. 317, 320, 325, 348 & 358. Further ordering that the following motions to withdraw prior motions are GRANTED: Case No. 07-CV-0303, ECF Nos. 498 & 499; Case No. 07-CV-0441, ECF Nos. 438 & 439; Case No. 10-CV-0075, ECF Nos. 362 & 363. (cc: all counsel) (dm)
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Filing
371
DECISION AND ORDER signed by Judge Lynn Adelman on 7/5/16 that plaintiffs motions to partially consolidate (No. 07-cv-0303, 331 ; No. 07-cv-0441, 295 ; No. 07-cv-0864, 289 ; No. 07-cv-0865, 270 ; No. 10-cv-0075, 196 ; No. 11-cv-0055, 169 ; No. 11-cv-0425, 121 ; No. 14-cv-1423, 83 are GRANTED. The above-captioned cases are consolidated for the limited purpose of resolving the pending motion for a protective order. Further ordering that plaintiffs motions for a protective order (No. 07-c v-0303, 332 ; No. 07-cv-0441, 296 ; No. 07-cv-0864, 290 ; No. 07-cv-0865, 271 ; No. 10-cv-0075, 197 ; No. 11-cv-0055, 170 ; No. 11-cv-0425, 122 ; No. 14-cv-1423, 84 are GRANTED in part and DENIED in part. Plaintiffs shall produce copies of t he settlement agreements and releases for in camera review within 14 days of this order. Plaintiffs may redact the settlement amount from the copies produced for review. Further ordering that defendants motions for leave to file a sur-reply (No. 07- cv-0303, 342 ; No. 07-cv-0441, 305 ; No. 07-cv-0864, 300 ; No. 07-cv-0865, 280 ; No. 10-cv-0075, 207 ; No. 11-cv-0055, 180 ; No. 11-cv-0425, 132 ; No. 14-cv-1423, 94 are GRANTED. The Clerk of Court shall file defendants proposed sur-reply in each of the above-captioned cases. (cc: all counsel) (dm)
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Filing
346
DECISION AND ORDER signed by Judge Lynn Adelman on 1/26/16 denying 328 Motion For Certification of the Court's Decision on Personal Jurisdiction Under 28 U.S.C. §1292(b). (cc: all counsel) (dm)
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Filing
327
DECISION AND ORDER signed by Judge Lynn Adelman on 9/15/15 denying 249 Motion for Judgment on the Pleadings; denying 252 Motion to Dismiss for Lack of Jurisdiction; denying 256 Motion for Judgment on the Pleadings; denying 259 Motion to Dismiss for Lack of Jurisdiction; denying 261 Motion for Judgment on the Pleadings. (cc: all counsel) (dm)
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Filing
294
DECISION AND ORDER signed by Judge Lynn Adelman on 7/15/15 granting 285 Motion to Consolidate Cases. (cc: all counsel) (dm)
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Filing
244
ORDER signed by Judge Lynn Adelman on 11/10/14 granting 233 Motion to Consolidate Cases for settlement purposes; granting 234 Motion for Settlement; granting 235 Motion for Settlement. (cc: all counsel) (dm)
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Filing
219
ORDER signed by Judge Lynn Adelman on 4/5/11 denying 83 Motion for Summary Judgment; denying 100 Motion for Partial Summary Judgment; denying 167 Motion for Partial Summary Judgment; denying 179 Motion for Summary Judgment; denying 187 Motion for Summary Judgment; denying 193 Motion for Summary Judgment; denying 198 Motion for Summary Judgment; granting 209 Motion for Leave to File; granting 210 Motion to Stay Proceedings. (cc: all counsel) (dm)
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Filing
162
ORDER regarding stay of docket numbers 83 and 100 signed by Judge Lynn Adelman on 9/3/10. (cc: all counsel)(Wesolek, Marie)
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Filing
150
ORDER denying plaintiff's motion to consolidate signed by Judge Lynn Adelman on 8/10/10. (cc: all counsel)(Wesolek, Marie)
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Filing
119
ORDER signed by Judge Lynn Adelman on 2/16/10 denying 105 Motion to Disqualify Judge. (cc: all counsel) (Wesolek, Marie)
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