News & Analysis as of

Asbestos Litigation Appeals Appellate Courts

Husch Blackwell LLP

A Notable Dissent: Paving the Way to Re-examine Asbestos Causation Standards in New York

Husch Blackwell LLP on

It is extremely rare for a civil case filed in New York State to be reviewed by its highest court—the New York Court of Appeals. In 2023, 1,030,781 civil cases were filed in New York State trial courts; however, only 93...more

Goldberg Segalla

Dismissal of Case Affirmed for Lack of Prosecution, Parallel Bankruptcy Trust Litigation No Excuse for Plaintiff’s Delay

Goldberg Segalla on

Back in 2009, Salvador Parra filed suit in the trial court of Jones County, Mississippi against 19 companies for asbestos exposure. He amended to clarify he was a Louisiana citizen but was employed in Mississippi in 1968-69...more

Goldberg Segalla

Fifth Circuit Affirms Lower Court Ruling Against Final Remaining Defendant

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United States Court of Appeals for the Fifth Circuit - In December 2018, Sue Perry (“decedent”) passed away following her second lung cancer diagnosis. Her surviving husband and daughters (“plaintiffs”) alleged that she...more

Maron Marvel

Mass and Toxic Tort Case Update - Asbestos

Maron Marvel on

Maffei v. A.O. Smith Water Prods. Co. (In re N.Y.C. Asbestos Litigation), 2025 N.Y. Slip Op. 1425 (N.Y. App. Div. 2025) - Valuing asbestos cases can sometimes be complicated but on March 13th, 2025, the NY Appellate Court...more

Goldberg Segalla

Dismissal of Defendant Upheld on Appeal Due to Release Language in Prior Settlement

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Jurisdiction: Supreme Court of New York, Appellate Division, First Department - The Supreme Court of New York, New York County, on March 13, 2024, dismissed defendant Long Island Lighting Company from an asbestos action,...more

Goldberg Segalla

Plaintiffs’ Appeal of Trial Court’s Order Granting Defendant’s Motion to Quash Service of Summons Successful in California

Goldberg Segalla on

Court of Appeal of California, First Appellate District, Division Four - Blanca Hernandez, et al., v. Volkswagen Aktiengesellschaft, et al. This litigation arises from claims of asbestos exposure. The plaintiffs allege the...more

Goldberg Segalla

Plaintiffs’ Successful Appeal of Trial Court’s Order Granting Defendant’s Motion to Quash Service

Goldberg Segalla on

Court of Appeal of California, First Appellate District, Division Four - Blanca Hernandez, et al., v. Volkswagen Aktiengesellschaft, et al. The plaintiffs allege that the decedent, Raul Hernandez, had occupational exposure to...more

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