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Jurisdiction Asbestos Litigation

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Court Grants Boiler Manufacturer’s Motion to Strike Punitive Damages Under Maritime Law

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Court: U.S. District Court for the Northern District of California - Plaintiff Vernon Armstrong alleges he developed lung cancer from asbestos exposure during his Navy service, under claims for negligence, strict liability,...more

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Connecticut Court Finds it Lacks Personal Jurisdiction Over Canadian Defendant

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Court:  Superior Court of Connecticut, Judicial District of Bridgeport - Plaintiff Jacob Russell Herman Sr. filed an action in the Superior Court of Connecticut as the surviving spouse and executor of the estate of the late...more

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Manufacturer’s Motion for Summary Judgment on Personal Jurisdiction Denied

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Jurisdiction: Schenectady Supreme Court, New York - Defendant Fives Giddings & Lewis were sued in New York by plaintiff McCune, based on the allegation that their machinery exposed him to asbestos. Mr. McCune filed this...more

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Court Denies Plaintiff’s Motion to Remand Shipyard Case to State Court

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Jurisdiction:  Louisiana Eastern District Court - Plaintiff Nolan J. LeBoeuf worked at the Avondale Shipyard in Westwego, La. for several years during the 1970s and 1980s. He also frequently visited coworkers on his days off...more

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Defendant’s Motion to Dismiss Reversed by Court of Appeals of Indiana

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Jurisdiction: Court of Appeals of Indiana - In this asbestos action, it was alleged that decedent, Ronald McBride had asbestos exposure from the use of asbestos-containing talcum powder products while living in Indiana and...more

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

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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

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

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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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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

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Illinois Jury Finds for Plaintiff in Wrongful Death Action Involving Asbestos Exposure

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Jurisdiction: Illinois Circuit Court – Cook County - This lawsuit involved a survival and wrongful death action brought under the Federal Employers’ Liability Act (FELA) in Illinois.  Plaintiff, Annette Sanders, represented...more

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Appellate Court Affirms Denial of Appellant’s Motion for Summary Judgment

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Jurisdiction: Court of Appeals of Minnesota - Appellant Westrock Minnesota Corporation f/k/a Waldorf Corporation (Waldorf), challenged the district court’s ruling, denying summary judgment on respondent’s asbestos-related...more

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Washington Court Finds No Take-Home Exposure in Asbestos Bench Trial

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In Perkins v. United States, Plaintiff Tristan Perkins sued the United States under the Federal Tort Claims Act (“FTCA”) for her mother Geraldine Perkins’ (“Decedent”) alleged wrongful death due to asbestos exposure. Alleging...more

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Judicial Hellholes: 2024-2025 Executive Summary

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The 2024-2025 Judicial Hellholes report shines its brightest spotlight on 10 jurisdictions that have earned reputations as Judicial Hellholes. Asbestos litigation continues to be a trend within numerous jurisdictions....more

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American Tort Reform’s 2025 Top 10 “Judicial Hellholes” for Defendants

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Released yearly in December, the American Tort Reform (ATR) Foundation publishes its annual “Judicial Hellhole” rankings for the upcoming year. The Hellholes represent the worst of the worst jurisdictions to defend tort...more

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2024 Judicial Hellholes and Associated Nuclear Verdicts

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The American Tort Reform Foundation (ATR) has published its 2023-2024 Judicial Hellholes Executive Summary. This annual report highlights prominent jurisdictions across the United States known for enabling iniquitous...more

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Gasket/Packing Manufacturer Prevails after Jury Trial

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Court:  United States District Court for the District of Massachusetts Decedent Arnold L. Pritt was diagnosed with singular mesothelioma, epithelioid type in September 2019. He alleged he was exposed to asbestos during his...more

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New York Holds its Position as a “Judicial Hellhole” in 2024

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Perhaps unsurprisingly, New York City — and New York City Asbestos Litigation or NYCAL — continues to hold its position as a judicial hellhole in 2024. However, New York City was once ranked second; it is now ranked third,...more

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Governor Hochul Vetoes Bill Requiring Foreign Corporations to Consent to General Jurisdiction in New York Courts

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On December 22, 2023, New York Gov. Kathy Hochul vetoed Senate Bill S7476, which provided that a foreign corporation’s application for authority to do business in New York constitutes consent to jurisdiction of New York...more

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NYCAL Judge Finds Jurisdiction Over Automotive Defendant and Denies Summary Judgment

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Court: Supreme Court of New York, New York County - In this asbestos action, defendant Western Auto moved to dismiss for lack of personal jurisdiction and for summary judgment. Plaintiff Winfield Frederick opposed both...more

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Hawaii Court Grants Motion to Compel Genetic Testing in Asbestos Lawsuit

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On August 30, 2023, a Hawaii court ruled on 3M’s motion to compel blood sampling for the purposes of genetic testing in an asbestos matter. Hawaii First Circuit Judge James H. Ashford granted 3M’s motion in the McCabe v. 3M...more

Pillsbury - Policyholder Pulse blog

Are Insurers’ Panel Counsel Rates Reasonable?

It is a settled principle of insurance law that a liability insurer’s duty to defend is broader than its duty to indemnify. In most jurisdictions, if any portion of a complaint against a policyholder is even potentially...more

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Denial of Talc Defendant’s Motion to Dismiss for Lack of Personal Jurisdiction Reversed on Appeal

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Court of Appeal of Florida, Fourth District - The plaintiffs, John and Joanne Fleemin, filed the instant products liability lawsuit against numerous defendants, including Lornamead, Inc., a Delaware corporation with its...more

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Helicopter Engine Manufacturer’s Removal Based on Federal-Officer Jurisdiction Upheld

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Jurisdiction: United States District Court for the Eastern District of Missouri, Eastern Division - Decedent Gustave Sahm died from lung cancer allegedly caused by asbestos exposure from 1956 to 2020 during his service in...more

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District Court Finds Defendant Has Colorable Federal Officer Statutory Defense, Denies Plaintiffs’ Motion to Remand

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Court: United States District Court for the Eastern District of Louisiana - This is an asbestos-related lawsuit claiming that Shelton Boutte contracted lung cancer from alleged exposure to asbestos during his career as...more

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Case Remanded to California State Court; Plaintiff Awarded Motion Costs and Fees

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Court: United States District Court for the Northern District of California - In this asbestos action, plaintiff Gary Haeck sued several defendants for causes of action in strict products liability, negligence, fraud, and...more

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Motion to Remand Denied as Defendant’s Removal Timely Under Federal Officer Removal Statute

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Court: United States District Court for the Eastern District of Louisiana - In this asbestos action, decedent Gayle LeBeau alleged take-home exposure to asbestos from her father and brother’s work at the Avondale...more

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