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Shipyard Defendant Receives Split Rulings on Motions in Robichaux Mesothelioma Matter

Court: United States District Court for the Eastern District of Louisiana - In ACT’s continuing coverage of the Robichaux mesothelioma matter pending in the United States District Court for the Eastern District of Louisiana...more

Valve Defendant Summary Judgment Motion Denied

Court: Supreme Court of New York, New York County (NYCAL) - In this asbestos action, defendant Crosby Valve LLC moved to dismiss the action, alleging that plaintiff, John Holland was not exposed to asbestos from any Crosby...more

Summary Judgment and Adjudication Motions Filed by Three Automotive Product Defendants; Some Granted and Some Denied

Jurisdiction: Superior Court of California, County of Los Angeles - In this asbestos action, three defendants filed motions for summary judgment, and in some cases, in the alternative, motions for summary adjudication,...more

Boiler Manufacturer’s Motion to Dismiss Denied

Court: Supreme Court of New York, New York County (NYCAL) - In this asbestos action, boiler defendant Burnham LLC was sued for a variety of claims, including failure to warn, loss of consortium, and punitive damages....more

Printing Press Manufacturer’s Motion for Summary Judgment Denied

Supreme Court of the State of New York, New York County Plaintiff Jean Castagna filed suit against a number of defendants, including Komori America Corporation, alleging exposure to asbestos during his employment with Martin...more

General Contractor’s Motion for Summary Judgment Denied

Court Jurisdiction: Supreme Court of the State of New York, New York County (NYCAL) - In this asbestos case, decedent, Richard Robinson passed away immediately after the commencement of the instant action. One of the...more

Circuit Court Affirms Automatic Stay as to Georgia-Pacific’s Asbestos Lawsuits

Court: United States Court of Appeals for the Fourth Circuit - In 1965, Georgia-Pacific LLC (Old GP) merged with Bestwall Gypsum Company, a manufacturer of asbestos-containing products. In 2017, Georgia-Pacific LLC...more

Asbestos Supplier’s Motion for Summary Judgment Denied on Causation Grounds

U.S. District Court for the Eastern District of Pennsylvania - The plaintiff’s decedent, Alfred Broderick, was allegedly diagnosed with asbestosis in March 2018, which he claimed was caused by exposure to asbestos. Mr....more

Talc Supplier’s Motion for Summary Judgment Denied as to Causation, Granted as to Punitive Damages

Court: Supreme Court of New York, Erie County - In this asbestos matter, plaintiffs claimed that decedent, Jeffrey Campise, was exposed to asbestos through consumer talcum powder products. Plaintiffs filed suit against a...more

Joint Compound Manufacturer Files Appeal of $15M Verdict: Key Issues on Appeal

As previously reported in the Asbestos Case Tracker here, in June 2022 a jury awarded plaintiff Munir Seen $15 million, allocating 70 percent of the fault to joint compound manufacturer Kaiser Gypsum. Following the trial,...more

Turbine Manufacturer’s Motion to Exclude Expert Opinion Testimony Denied

U.S.  District Court for the Eastern District of Louisiana Decedent James Grant Gooding was employed at various shipyards in Louisiana between 1970 and 1979. On March 4, 2020, he filed suit against a variety of premises...more

Engine Company’s Motion to Renew Summary Judgment on Causation Grounds Denied

Supreme Court of New York, Nassau County - Defendant Perkins Engine, Inc. moved to renew a court order denying its motion for summary judgment. A motion for leave to renew or reargue is based on new facts not offered on...more

Dryer Felt Manufacturer’s Judgment Upheld on Appeal

Court: Court of Appeals of Washington, Division One - In this asbestos action, decedent Kevin Holdsworth worked at a paper mill in Camas, Washington from 1964 to 2001. He alleged exposure to asbestos from several sources...more

Boiler Manufacturer Partial Motions for Summary Judgment on Punitive Damages Denied

Court: Supreme Court of New York, New York County (NYCAL) - In these asbestos actions, defendant Burnham LLC moved for partial summary judgment seeking the dismissal of the plaintiffs’ punitive damage claims, arguing the...more

Defense Verdict for Cationic Fibre Manufacturer in Erie County

Supreme Court of New York, County of Erie Plaintiff Craig Screiner, represented by Belluck and Fox, alleged exposure to asbestos from his time working at Durez Plastics in North Tonawanda, New York during summer 1974, and...more

First Department Reverses Denial of Valve Defendant’s Motion to Dismiss on Personal Jurisdiction Grounds

Court: Supreme Court of New York, Appellate Division, First Department - Plaintiff Ralph Vavala alleged his lung cancer diagnosis arose from alleged exposure to asbestos from a variety of products, including valves...more

Floor Tile Manufacturer’s Motion for Summary Judgment Denied

Plaintiff Paul M. Moutal was diagnosed with lung cancer in January 1999 and alleged that his lung cancer resulted from exposure to asbestos from his time as a handyman, laborer, and carpenter in the 1960s and 1970s. During...more

Retail Distributer’s Motion for Summary Judgment on Product-Identification Grounds Denied

Superior Court of California, County of Sacramento, November 9, 2022 - In this asbestos matter, the plaintiffs alleged that the decedent, Gail Chandler, developed mesothelioma as a result of exposure to...more

PPE Manufacturer’s Motion to Dismiss on Personal Jurisdiction Grounds Denied

Supreme Court of New York, Appellate Division, First Department, November 2, 2022 - In this asbestos action, Steel Grip Inc., a personal protective equipment manufacturer, was sued along with other defendants for decedent...more

Brake Manufacturer’s Motion to Dismiss on Personal Jurisdiction Grounds Denied

Superior Court of California, County of Los Angeles, October 6, 2022 - In this asbestos action, Plaintiff George Sweikart alleged that his mesothelioma resulted from exposure to asbestos-containing products, including...more

Micarta Manufacturer’s Motion for Summary Judgment against third-party plaintiff Avondale denied

United States District Court for the Eastern District of Louisiana, September 6, 2022 - Plaintiff Ora Adams alleges that her husband, Lional Adams, was exposed to asbestos at defendant, Avondale’s, New Orleans area...more

After Nemeth, NY Courts Require Stringent Analysis of Proof to Establish Causation in Asbestos Matters. Will Other Jurisdictions...

As previously reported in Goldberg Segalla’s Asbestos Case Tracker — (NYCAL Verdict Against Talc Product Manufacturer Reversed on Causation Grounds – Asbestos Case Tracker) — the New York Court of Appeals recently overturned...more

District Court Denies Motion to Strike Expert Testimony

U.S. District Court for the Eastern District of Louisiana, August 23, 2022 - Decedent Callen Cortez sued defendant Hopeman Brothers Inc., among others, claiming that alleged asbestos exposures caused him to develop...more

NYCAL Verdict Against Talc Product Manufacturer Reversed on Causation Grounds

Supreme Court of New York, Appellate Division, First Department, July 19, 2022 - In 2017, Plaintiff Donna Olson (“Plaintiff”) filed suit against Johnson & Johnson (J&J), claiming that her lifelong use of J&J talcum powder...more

Brake Supplier Permitted to Present Evidence of Fault Against Non-Parties for Apportionment Considerations

United States District Court for the Western District of Kentucky, Owensboro Division, July 12, 2022 - In this asbestos action, the plaintiff Jack Papineau sued various manufacturers alleging that these manufacturers...more

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