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Asbestos

Goldberg Segalla

$260M Talc Verdict Overturned by Oregon Judge

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Court: Fourth Judicial District Court for Multnomah County, Oregon (Portland) - On September 13, 2024, Oregon state court judge Katharine Von Ter Stegge granted defendant Johnson & Johnson’s motion to overturn a $260 million...more

Goldberg Segalla

$2.3M Verdict as to Equipment Manufacturer Upheld on Appeal

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Court: Superior Court of Pennsylvania - Decedent Thomas Constantine was diagnosed with mesothelioma in December 2016. Mr. Constantine’s estate alleged that his mesothelioma was caused by exposure to asbestos during his...more

Goldberg Segalla

Plaintiffs’ Motion to Remand Denied

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Jurisdiction: United States District Court for the Middle District of Louisiana - Plaintiffs Claudette Washington Skidmore and Courtney Skidmore Williams brought claims against several defendants after the death of their...more

Goldberg Segalla

Defendant Granted Motion to Dismiss Claim against Settlement Trust for Untimeliness

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Superior Court of Delaware, New Castle - In the asbestos action Burhenn v. Celotex Asbestos Settlement Trust, the court granted defendant Celotex’s motion to dismiss on the grounds that the complaint was untimely filed. In...more

Goldberg Segalla

Court Rejects Motion to Remand Asbestos Exposure Case to State Court

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Jurisdiction: United States District Court for the Eastern District of Louisiana - Plaintiff Irma Lee LaGrange filed a motion in this asbestos action seeking the court to decline supplemental jurisdiction and remand to state...more

Goldberg Segalla

Pump Manufacturers’ Motion to Exclude Expert Causation Testimony Granted In-Part

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Court:  United States District Court for the Middle District of Florida, Tampa Division - In this asbestos action, defendants Atwood & Morrill Co. Inc. and Warren Pumps LLC filed a Daubert motion to exclude, or limit, certain...more

Goldberg Segalla

South Carolina Jury Returns $63.4M Plaintiff Verdict in Talc Trial

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Court: Circuit Court of South Carolina, Fifth Judicial Circuit - A South Carolina jury Aug. 16 returned a $64.4 million plaintiff’s verdict against product manufacturer Johnson & Johnson and supplier American International...more

Goldberg Segalla

Plaintiff’s Testimony and Defendant’s Affidavit Conflict, Summary Judgment Denied

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Court: Supreme Court of New York, Albany County - Plaintiff Warren Stouch brought this asbestos action in February 2020, claiming he was exposed to asbestos at his jobs, including through the use and wear of asbestos...more

Husch Blackwell LLP

Talc-Related Matter Filings Predictably Increase, As New Bankruptcies are Filed

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Observers of filing trends in personal injury mesothelioma matters alleging exposure to talc contaminated with asbestos have noted that the bankruptcy filing of a predominant defendant in those matters did little to slow the...more

(ACOEL) | American College of Environmental...

Plastic’s Smoking Gun on the Road to Busan

In the 1967 movie “The Graduate,” a family friend famously tells the title character “I just want to say one word to you. Just one word. Plastics. There’s a great future in plastics. Think about it.” Well, those of us engaged...more

Goldberg Segalla

Holding Company’s Motion to Dismiss on Personal Jurisdiction Grounds Granted

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Court: Supreme Court of New York County (NYCAL) - In this asbestos action, defendant Burnham Holdings Inc. moved to dismiss the complaint against it on personal jurisdiction grounds. Specifically, BHI asserted that it is a...more

Goldberg Segalla

Putty Manufacturer and Talc Disturber’s Motion to Dismiss on Causation Grounds Denied

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Court: Supreme Court of New York, New York County (NYCAL) - In this asbestos action, plaintiff Jennifer Peganis alleged take-home exposure to asbestos from laundering her husband’s work clothing. Defendant Donald Durham...more

Husch Blackwell LLP

Extending Derivative Sovereign Immunity For Government Contractors

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The Third Circuit recently affirmed entry of summary judgment in favor of General Electric (“GE”) on grounds of derivative sovereign immunity. The Third Circuit found that GE was entitled to derivative sovereign immunity...more

Goldberg Segalla

Motion for Summary Judgment Denied as Plaintiff Failed to Establish De Facto Merger Doctrine

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Jurisdiction: Supreme Court of New York, New York County - This action arises out of plaintiff Hydraulic IP Holdings LLC’s attempt to enforce a judgment entered against non-party Grace Apparel LLC. Plaintiff’s complaint...more

Goldberg Segalla

Motion for Summary Judgment Denied as Defendant Failed to Prove Lack of Causation

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Jurisdiction: Supreme Court of New York, New York County - Plaintiff John P. Reeves alleges asbestos exposure from, among other things, the asbestos-containing caulk of defendant DAP Inc. while serving in the U.S. Navy aboard...more

Goldberg Segalla

Defendant’s Motion for Summary Judgment Denied Due to Conclusory Affidavits

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Jurisdiction: Supreme Court of New York, New York County - DAP filed a motion for summary judgment by arguing plaintiff cannot sufficiently demonstrate DAP’s exposed him to asbestos. DAP contends that it did not manufacture...more

Goldberg Segalla

Talc Defendant Unsuccessful on Summary Judgment

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Jurisdiction:  Supreme Court of New York, New York County - Plaintiff Lita Goldstein was diagnosed in March 2022 with mesothelioma. She initiated a suit against several defendants in May 2022, including Kolmar Laboratories...more

Goldberg Segalla

Court Denies Motions for Summary Judgment for Valve and Pump Manufacturers

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Jurisdiction: Supreme Court of New York, New York County - Plaintiff Robert L. Toth worked at various Consolidated Edison powerhouses from 1961 to 1991 as a sheet metal worker. He was diagnosed with lung cancer in 2019 and he...more

Goldberg Segalla

New York Law Applied for Service Standard in Case Where Wisconsin Law Applied in Part

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In the recent Agnew decision, the court had to decide on National Tinsel’s motion to dismiss. National Tinsel is an artificial snow company incorporated in Wisconsin which was being sued in New York. National Tinsel filed for...more

Goldberg Segalla

Talc Manufacturer’s Motion to Dismiss for Failure to State a Claim Granted

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U.S. District Court for the Eastern District of Missouri, Eastern Division - Decedent Carole Zicklin passed away from mesothelioma in September 2021. The decedent’s daughters subsequently filed a wrongful death lawsuit...more

Goldberg Segalla

Avon Files for Bankruptcy to Address Talc Lawsuits

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Court: U.S. Bankruptcy Court for the District of Delaware - Avon Products Inc., a U.S.-based “non-operational” holding company, announced Monday that it is seeking Chapter 11 bankruptcy protection to “address its debt and...more

Integral Consulting Inc.

Consumer Use of Cosmetic Talc Is Not Related to the Development of Asbestos-Related Disease

The potential causative relationship between exposure to cosmetic talc and asbestos-related disease is of particular interest considering recent, high-visibility cases being litigated across the United States. Talc is a...more

Goldberg Segalla

Plaintiff Opposes and Succeeds on Defendant’s Motion for Summary Judgment

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Jurisdiction: Supreme Court of New York, New York County - Defendant Kennedy Electrical Supply Corp. moved for summary judgment seeking to dismiss this action on the grounds that plaintiff was not exposed to asbestos from any...more

Goldberg Segalla

Valve Manufacturer Fails to Meet Burden for Summary Judgment

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Jurisdiction: Supreme Court of New York, New York County - Defendant Atwood & Morrill Co. Inc. moved for summary judgment to dismiss this action on the grounds that plaintiff Giuseppe Rullo was not exposed...more

Hissey, Mulderig & Friend, PLLC

Asbestos Exposure Widespread at Oil and Gas Job Sites in Texas

Workers at asbestos job sites in the state of Texas may be at risk of developing mesothelioma, asbestos lung cancer, or other diseases as a result of asbestos exposure....more

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