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Mesothelioma Toxic Exposure Causation

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Nielsen’s Novel Approach to BAP1 and Mesothelioma

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Recent reviews of genetic research continue to challenge long-held assumptions about the causes of malignant mesothelioma. While plaintiffs’ attorneys often cite to asbestos exposure as the only cause of mesothelioma, a...more

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Plaintiffs’ Motion for New Trial Reversed on Appeal

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Court of Appeal of Louisiana, Fourth Circuit - In this action, the plaintiffs alleged decedent Vita Chenet had asbestos exposure from personal use of various talcum powder products, including Cashmere Bouquet, throughout her...more

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Supplier’s Motion for Summary Judgment on Causation Denied

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Court: Supreme Court of New York, New York County - In this asbestos action, defendant Dykes Lumber moved for summary judgment, arguing it established a prima facie case for lack of causation under Nemeth v. Brenntag....more

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Partial Exclusion of Expert Opinion Leads to Summary Judgment for Talc Defendant

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Court: Superior Court of Arizona, Maricopa County - In this asbestos action, plaintiff Jeffrey Weiss alleges that he developed mesothelioma as a result of his use of various brands of talcum powder products from 1979 to...more

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

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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

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Court Denies, in Part, Plaintiffs’ Appeal of Summary Judgment for Various Defendants

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Jurisdiction: Court of Appeal of Louisiana, Fourth Circuit - In April 2018, Emily Everett complained to her primary care physician of severe abdominal swelling.  After extensive workup, Everett received a diagnosis of...more

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Clutch Manufacturer Obtains Summary Judgment on Medical Causation Grounds

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Court: Supreme Court of the State of New York, Nassau County - In this asbestos action, plaintiff Donna Daniell alleged asbestos exposure from working near auto mechanics, including her husband, Robert, while they used...more

Husch Blackwell LLP

Frequency, Regularity, Proximity: The Western District of Washington Requires More Than a Product’s Presence to Find Causation

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On March 9, 2023, a federal judge granted summary judgment on causation to three manufacturers of asbestos-containing products in a maritime lawsuit arising from the death of Thomas Deem from mesothelioma. The judge held that...more

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District Court Denies Plaintiff’s Motion to Remand despite Dismissal of Defendant that Formed the Basis of Federal Jurisdiction

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U.S. District Court for the Eastern District of Louisiana - As previously reported on Asbestos Case Tracker, this matter involves Plaintiff Frank P. Ragusa, who filed an action against various defendants in state court...more

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Exclusion of Dr. Staggs’ Specific Causation Opinion Entitles Automotive Defendant to Summary Judgment

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Court: United States District Court for the District of Utah - This case arises out of decedent John C. Riegler’s diagnosis of mesothelioma, which plaintiff alleges stems from decedent’s work at a service station,...more

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

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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

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Dryer Felt Manufacturer’s Judgment Upheld on Appeal

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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

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Lack of Causation Entitles Valve/Gasket Defendants to Summary Judgment

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Court: United States District Court for the Western District of Washington - This case arises out of the death of decedent Thomas Deem from mesothelioma, which the plaintiff alleges was caused by the decedent’s exposure...more

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Valve Defendants Obtain Summary Judgment Due to Lack of Causation Evidence

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Court: United States District Court for the Central District of California - In this action, the plaintiffs alleged that the decedent, John Carpenter, contracted and died from mesothelioma due to exposure to asbestos,...more

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Nemeth Is the Law – Causation in NYCAL Talc and Asbestos Cases

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We previously reported on Nemeth v. Brenntag North America, et al., 38 N.Y.3d 336 (Ct. App. NY Apr. 26, 2022), a landmark case in which the New York’s Court of Appeals reversed a $16,500,000 asbestos jury verdict because the...more

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Plaintiffs Granted Partial Summary Judgment Based on “Substantial Factor” Standard

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United States District Court for the Middle District of Louisiana, October 21, 2022 - The plaintiffs allege that Decedent Kirk Reulet was asbestos to asbestos throughout his 45-year career. The plaintiffs seek summary...more

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

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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

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

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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

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Intentional Tort and Fraud/Concealment Counts Dismissed for Several Defendants Court

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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

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Judgment Against Dryer-Felt Supplier Affirmed on Appeal

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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

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NYCAL Verdict Against Talc Product Manufacturer Reversed on Causation Grounds

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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

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Defendants Successful on Motion to Strike Plaintiff’s Expert’s Specific Causation Opinion

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United States District Court for the Northern District of California, July 11, 2022 Plaintiff, Frank Shelton, filed an asbestos-related lawsuit alleging his exposure to asbestos from various defendants’ products while he...more

Maron Marvel

When Sooner is Better Than Later – Expert Retention in Environmental Litigation

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Causation is a vital component of any environmental or toxic tort lawsuit. The idea of causation requires that a plaintiff show a causal connection between their injury and the defendant's action to ensure remedies for the...more

Husch Blackwell LLP

If Only All Asbestos Cases Were Pending in New York… Nemeth v. Brenntag North America

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New York’s Court of Appeals recently reversed a $16,500,000 asbestos jury verdict in a case brought by decedent Florence Nemeth and her husband, who alleged that Mrs. Nemeth’s cancer was caused by her use of Desert Flower...more

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Appellate Court Reverses Plaintiff’s Verdict on Causation Grounds

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New York Court of Appeals, April 26, 2022 - The plaintiff’s decedent, Florence Nemeth, was diagnosed with peritoneal mesothelioma in 2012 and passed away in 2016. She and her husband filed suit against numerous...more

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