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Boiler Manufacturer Directed to Appear for Punitive Damages Deposition

Supreme Court of New York, Appellate Division, First Department - In this asbestos action, Defendant Burnham (“Burnham”) moved to vacate the NYCAL Special Master’s ruling directing Burnham to appear for a deposition with...more

2022 Mid-Year Asbestos Filing Update

Recently, KCIC posted their 2022 Mid-Year Asbestos Filings Update. This update is compiled using information collected through July 31st. This article illustrates some highlights from the update....more

Government Contractor Defense Inapplicable to Plaintiff’s Failure to Warn and Prevent the Spread of Asbestos Claims

United States District Court for the Eastern District of Louisiana, October 12, 2022 - In this asbestos action, Plaintiff Ruby Lee Marie Falgout (“Plaintiff”) alleged take-home exposure from laundering her husband’s...more

Automotive Defendant’s Motion for Summary Judgment Fails as Issues of Fact Remain on Causation and Punitive Damages

Supreme Court of New York, Erie County, October 6, 2022 - In this asbestos action, Plaintiff Joseph Skrzynski alleged that he developed malignant mesothelioma as a result of occupational exposure to asbestos from brakes...more

Talcum Powder Defendant Fails to Meet Summary Judgment Burden on Medical Causation

Supreme Court of New York, New York County, September 22, 2022 - In this NYCAL action, Decedent Maryann Purser (“Decedent”) alleged that she developed pleural mesothelioma through the use of Cashmere Bouquet talcum...more

Certain State Actions Preliminarily Enjoined in Johnson & Johnson Bankruptcy Case

United States Bankruptcy Court for the District of New Jersey, October 4, 2022 - The Asbestos Case Tracker has followed every step in Johnson & Johnson’s bankruptcy case. Recently, Plaintiff LTL Management (“Debtor”)...more

Summary Judgment Affirmed for Trailer Manufacturer

Court of Appeal of Louisiana, Fourth Circuit, September 28, 2022 - In this asbestos action, John Brindell (“Brindell”) allegedly contracted mesothelioma as a result of working as a mechanic for Puerto Rico Marine...more

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

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

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

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

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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