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Intentional Tort and Fraud/Concealment Counts Dismissed for Several Defendants Court

United States District Court for the Eastern District of Louisiana , August 24, 2022 - The Asbestos Case Tracker continues to cover the Becnel matter, in which the plaintiffs allege James Becnel was exposed to asbestos at...more

Summary Judgment Not Warranted Where Issues of Material Fact Exist on Successor-Liability Issues

Supreme Court of New York, County of Erie , August 25, 2022 - In this asbestos action, plaintiff Eric Cislo alleged take-home exposure to asbestos from his father’s work with Bison boilers from 1969 until the early...more

Joint Compound Supplier’s Motion for Summary Judgment Denied; Corporate Representative’s Testimony Inadmissible

Supreme Court of New York, New York County, June 15, 2022 - In this asbestos action, decedent Anastasios Katechis alleged exposure to asbestos from joint compound he used as a painter for Mamais Construction from 1967 to...more

Brake Manufacturer’s Proof Insufficient to Meet Summary Judgment Burden

Supreme Court of New York, New York County, July 28, 2022 - In this asbestos action, decedent Roy Barbarino alleged exposure to asbestos from brake lining as a bus maintainer for the New York City Transit Authority...more

Judgment Against Dryer-Felt Supplier Affirmed on Appeal

Court of Appeals of South Carolina, August 3, 2022 - In this asbestos action, decedent Stephen Stewart alleged exposure from working with asbestos-containing dryer felt associated with a paper machine from 1963 until...more

Partial Summary Judgment Granted to Insurer Under Professional Vendor Analysis

United States District Court for the Eastern District of Louisiana, July 28, 2022 - As previously reported in the Asbestos Case Tracker, decedent Callen Cortez alleged direct occupational exposure to asbestos, as well as...more

Plaintiff’s Expert precluded from offering testimony on whether Supplier can be Considered a Manufacturer

United States District Court for the Eastern District of Louisiana, July 20, 2022 - In this asbestos action, decedent Callen Cortez was diagnosed with mesothelioma following occupational and take-home exposure to...more

Grant of Summary Judgment to Premises/Employer Defendant Upheld on Appeal

Superior Court of Pennsylvania, June 23, 2022 - In this asbestos action, decedent John Wheeler alleged asbestos exposure from his work as a millwright at a U.S. Steel (USX) plant. Wheeler’s co-workers testified in this...more

Plaintiffs’ State Law Tort Claims against Employer and Insurers Preempted by LHWCA

U.S. District Court for the Eastern District of Louisiana, June 16, 2022 - In this asbestos matter, the plaintiffs allege that James Becnel was exposed to asbestos at the Avondale Shipyards in 1965. Recently, several...more

Summary Judgment Granted Dismissing Plaintiff’s State Claims Against Employer Under LHWCA

United States District Court for the Eastern District of Louisiana, May 19, 2022 - In this asbestos action, plaintiff Callen Cortez brought state tort claims against Continental Insurance Company, sued in its capacity as...more

Motions for Summary Judgment in Jones Act Matter Denied on Statute of Limitations and Causation Grounds

United States District Court for the Southern District of New York, May 9, 2022 - In this asbestos action, decedent Carlo Badamo served on several vessels during his time as a merchant marine from 1944 to 1955....more

Product Manufacturer and Supplier’s Motion to Dismiss Granted for Lack of Personal Jurisdiction

Superior Court of Connecticut, Judicial District of Fairfield at Bridgeport, February 18, 2022 - In this asbestos action, defendant Ametek, Inc. moved to dismiss the complaint by plaintiffs Maria and Carmelo Patti. The...more

Final Judgment and Imposition of Sanctions Affirmed Against Automotive Defendant

Superior Court of New Jersey, Appellate Division, March 24, 2022 In this asbestos action, Deborah Marino (the plaintiff) alleged that her mother, Anita Creutzberger (the decedent), developed peritoneal mesothelioma from the...more

Talc Case Remanded as Defendant Failed to Show Complete Diversity or Improper Joinder

U.S. District Court for the Southern District of Texas, Houston Division, March 17, 2022 - In this asbestos action, plaintiff Naomi Wisener alleged that several defendants manufactured or supplied asbestos-containing...more

Federal Court Exercises Supplemental Jurisdiction in Shipyard Case

U.S. District Court for the Eastern District of Louisiana, March 17, 2022 - In this asbestos action, decedent Joseph B. Savoie, Jr. developed mesothelioma after being exposed to asbestos at the Avondale Shipyards. Certain...more

Summary Judgment Affirmed and Reversed for Three Premises Defendants Relating to Several Duty Issues

In this asbestos action, plaintiff Kevin Sinyard developed malignant pleural mesothelioma following a 25-plus year career as a pipefitter. Sinyard commenced an asbestos-related action against several defendants. Three of the...more

Jury Awards $36.5 Million in Compensatory and Punitive Damages to Former W.R. Grace Worker

The Asbestos Case Tracker has been following developing issues regarding hundreds of asbestos exposure cases involving plaintiffs who worked for W.R. Grace at the Libby, Montana mine and facilities. Recently, a Great Falls,...more

Summary Judgment Granted as Premises Owner Did Not Owe a Duty to Independent Contractor’s Employee

U.S. District Court for the Western District of Pennsylvania, February 15, 2022 - In this asbestos action, Carl Gay alleged that he developed mesothelioma after a forty-year career. From 1974 until 1976, Gay worked as a...more

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