News & Analysis as of

Negligence Occupational Exposure

Goldberg Segalla

Appellate Court Affirms Summary Judgment Ruling in Favor of Appellees

Goldberg Segalla on

Court: Appellate Court of Maryland - A Maryland appellate court has affirmed a lower court’s decision that granted summary judgment to the defense in a toxic substance exposure case....more

Goldberg Segalla

Washington Court Awards $16M Plaintiff Verdict after Default Judgment

Goldberg Segalla on

Court: Washington Superior Court, Pierce County - A Washington state court in April awarded $16 million to the estate of decedent Steven Korzerke after a default judgment was entered against defendant Asbestos Corp. LTD, a...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

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

Goldberg Segalla on

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

Husch Blackwell LLP

Texas Court Upholds Summary Judgment in Silica Case

Husch Blackwell LLP on

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

Husch Blackwell LLP

7th Circuit Update: What Martin v. Goodrich Means for IL’s Workers’ Compensation Landscape

Husch Blackwell LLP on

We previously reported that the Illinois Supreme Court issued its long-awaited decision in Martin v. Goodrich Corp., upholding the constitutionality of a 2019 amendment to the Illinois Workers’ Occupational Diseases Act (the...more

Goldberg Segalla

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

Goldberg Segalla on

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

Husch Blackwell LLP

Connecticut Court Awards Punitive Damages in Recent Asbestos Trial

Husch Blackwell LLP on

The Estate of Nicholas Barone trial in Bridgeport Superior Court in Connecticut before Judge William Clark concluded with a $15 million plaintiff’s verdict on 5/16/2024. The jury also awarded punitive damages, the exact...more

Goldberg Segalla

California Jury Finds for Asbestos Defendant in Friction Products Case

Goldberg Segalla on

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

Fed Court Determines Plaintiff’s Complaint Does Not Constitute a “Shotgun Pleading”

Goldberg Segalla on

U.S. District Court for the Eastern District of Louisiana - Plaintiff Mallory Ware was diagnosed with lung cancer in May 2020. He alleged his occupational exposure to asbestos and toxic welding fumes caused his illness....more

Goldberg Segalla

Plaintiffs’ Motion in Limine to Exclude Defendants’ Expert Denied

Goldberg Segalla on

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

Goldberg Segalla

Defendant’s Motion to Dismiss Plaintiffs’ Complaint Granted in Part

Goldberg Segalla on

U.S. District Court for the Northern District of California Plaintiffs James and Lucretia Sarjeant brought suit in California state court following Mr. Sarjeant’s diagnosis of malignant mesothelioma. He alleged exposure from...more

Adler Pollock & Sheehan P.C.

Rising Toxic Tort Claims: Silica and Implications of Silica Based Claims

Traditionally, toxic tort related claims are brought under product liability actions for negligence, breach of warranty, and strict liability. Asbestos has historically been the center of toxic tort litigation. The number of...more

Goldberg Segalla

Defense Verdict in Retrial of Packing Manufacturer

Goldberg Segalla on

Superior Court of California, County of San Francisco - Plaintiff Lisa Castillo filed an action in the San Francisco, California Superior Court alleging that her husband, Abraham Castillo, died of mesothelioma as a result of...more

Goldberg Segalla

Motion for Summary Judgment of Gasket and Packing Manufacturer Granted in Part and Denied in Part

Goldberg Segalla on

Court: United States District Court for the Northern District of Illinois, Eastern Division - Plaintiffs Chloyde Pelton and Shirley Pelton sued Defendant John Crane Inc. for negligence, willful and wanton conduct, and...more

Goldberg Segalla

Gasket Manufacturer’s Motions for Summary Judgment Granted, in part, Pursuant to Maritime Law

Goldberg Segalla on

Court - United States District Court for the Eastern District of Pennsylvania Plaintiff’s decedent, Joseph Pine, served as a fireman aboard the USS Constellation from 1965-1967. After he died from mesothelioma a month...more

Goldberg Segalla

Gasket Manufacturer Denied Summary Judgment in NYCAL

Goldberg Segalla on

Court: Supreme Court of New York, New York County - In this asbestos action, defendant Goodyear moved for summary judgment, arguing that asbestos exposure from its sheet gaskets could not have caused plaintiff Robert...more

Goldberg Segalla

Valve Manufacturer Denied Summary Judgment in NYCAL

Goldberg Segalla on

Court: Supreme Court of New York, New York County - In this asbestos action, defendant Crosby moved for summary judgment on duty to warn and causation grounds. Plaintiff Joseph Deroy opposed the motion....more

Goldberg Segalla

Court Issues Final Orders Regarding Various Motions of Automotive Defendants

Goldberg Segalla on

Jurisdiction: Superior Court of California, County of Los Angeles - Defendants Mercedes-Benz USA LLC, Morse Tec LLC, and American Honda Motor Co. Inc. filed various motions for summary judgment, or in the alternative...more

Lewitt Hackman

California Courts Weighing In re Employees and COVID-19

Lewitt Hackman on

California courts recently issued two guiding decisions relating to COVID-19: In Thai v. International Business Machines Corp., 2023 Cal. App. LEXIS 526, the Court of Appeal held that a government mandate to work from...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Supreme Court Holds Employers Do Not Owe Duty of Care to Prevent the Spread of COVID-19 Outside the Workplace

The Supreme Court of California recently held that the California Workers’ Compensation Act (WCA) does not bar an employee’s spouse from bringing a negligence claim against the employer where the employee contracts COVID-19...more

CDF Labor Law LLP

California Supreme Court Declines to Impose Tort Duty on Employers to Prevent Spread of COVID-19 to Employees’ Households

CDF Labor Law LLP on

The California Supreme Court held last week that a California employer does not owe a duty of care to prevent the spread of COVID-19 to members of an employee’s household. In a unanimous decision, Kuciemba v. Victory...more

Seyfarth Shaw LLP

California Supremes Set Bounds on Employer Duty to Non-Workers

Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Supreme Court unanimously held that while claims brought by an employee’s spouse for COVID injury are not barred by the Workers’ Compensation Act’s (WCA) exclusivity provision, policy...more

Husch Blackwell LLP

Connecticut Court Affirms Increased Risk of Contracting Asbestos-Related Disease is Not an Injury

Husch Blackwell LLP on

On January 18, 2022, the Connecticut Court of Appeals affirmed a lower court’s opinion which struck claims of negligence, premises liability and recklessness predicated on increased risk of future harm from asbestos exposure....more

Parker Poe Adams & Bernstein LLP

Federal Court Dismisses Claim From Estate of Employee's Spouse Who Died From COVID-19

If employees allege that they contracted COVID-19 as the result of a workplace exposure, state workers’ compensation laws may prevent them from pursuing a negligence claim against the company. What happens, however, when the...more

35 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide