News & Analysis as of

Expert Testimony Occupational Exposure

Goldberg Segalla

Defendant’s Motion for Summary Judgment Granted Based on Expert Preclusion

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Jurisdiction: United States District Court for the Southern District of New York - Plaintiff Scott Keller alleged that he was exposed to asbestos during his employment on ExxonMobil Oil Company vessels and that he developed...more

Husch Blackwell LLP

Texas Court Upholds Summary Judgment in Silica Case

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The Texas Fourteenth Court of Appeals upheld summary judgment for Exxon Mobil corporation in Stanley Cole v. Exxon Mobil Corp. (No. 14-22-00756-CV), a premises liability case involving alleged exposure to olivine dust. The...more

Faegre Drinker Biddle & Reath LLP

Foundation, Not Façade — The Fifth Circuit Affirms the Proper Basis Requirement for Admissibility of Expert Opinions in Newsome v....

In a toxic tort case, plaintiffs must establish general causation. If a substance is incapable of causing the type of injury plaintiff claims, then it certainly didn’t cause theirs. Under Texas law, toxic tort plaintiffs must...more

Marshall Dennehey

Top 10 Developments in Delaware Workers’ Compensation in 2024

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1.    The Delaware Supreme Court affirmed an Industrial Accident Board decision that concluded that a COVID-19 workplace exposure at a poultry processing plant did not qualify as a compensable occupational disease. Fowler v....more

Goldberg Segalla

California Jury Finds for Asbestos Defendant in Friction Products Case

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Court: California Superior Court, Los Angeles County- In this asbestos action, plaintiffs Leon Solis Jr., Laura Rangel, Crystal Solis and Leon Solis filed suit claiming negligence against several defendants, including Brake...more

Goldberg Segalla

Virginia Jury Awards $3.45 Million In Millwright Mesothelioma Case

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Virginia Circuit Court - In this asbestos action, plaintiff Patricia Katcham filed suit claiming that her husband, James Katcham, had occupational exposure to asbestos because of his career as a millwright. It was...more

Goldberg Segalla

New York Jury Awards $600,000 in Mechanic’s Mesothelioma Case

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New York Supreme Court – New York County In this asbestos action, plaintiff Michael C. Wagner filed a lawsuit in the Supreme Court of New York – New York County, alleging occupational exposure to asbestos because of his...more

Goldberg Segalla

Plaintiffs’ Motion in Limine to Exclude Defendants’ Expert Denied

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Jurisdiction: United States District Court for the Eastern District of Louisiana - This case involves claims of asbestos exposure. Plaintiff Robert Stephen Sentilles initiated this action asserting negligence and strict...more

Marshall Dennehey

Commonwealth Court Affirms Denial of Claim Petition That Alleged Occupational Disease of Lead Toxicity

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Jerry Mercer v. Active Radiator MPN, Inc. (WCAB); No. 1326 C.D. 2023; filed June 3, 2024; Judge Fizzano Cannon - On August 24, 2018, the claimant advised the employer that he had sustained a work-related injury due to lead...more

Goldberg Segalla

Multiple Motions Granted in Part for Summary Judgment and to Strike Evidence

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United States District Court for the Northern District of California - In this wrongful death action, it is claimed that Decedent William Ankiel Jr. had exposure to asbestos-containing equipment during his service aboard a...more

Goldberg Segalla

Plaintiffs’ Appeal to Reverse Defendants’ Daubert Motion In Limine was Granted

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Court of Appeal of Louisiana, Fourth Circuit - In this action, plaintiff Climmie Craft filed suit in this matter asserting that she contracted asbestos-related lung cancer as a consequence of her take-home exposure to...more

Goldberg Segalla

Federal Court Denies Plaintiff’s and Defendants’ Motions in Limine on Eve of Trial

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U.S. District Court for the Eastern District of Louisiana - Decedent Terry J. LeGendre worked for defendant Huntington Ingalls, Inc. (Avondale) from October 1967 to January 1968. He was later diagnosed with and died from...more

Goldberg Segalla

Shipyard’s Motion to Exclude Plaintiff’s Causation Experts Denied

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U.S. District Court for the Eastern District of Louisiana - As previously reported on Asbestos Case Tracker, plaintiff Frank Ragusa alleges that he developed mesothelioma from asbestos exposure. Defendant Huntington...more

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