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Causation Toxic Exposure

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

Motion for Summary Judgment of Valve Manufacturer Denied

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Plaintiff-Decedent John Gonder alleged exposure to asbestos during his employment as a Con Edison inspector between the 1970s and 1990s. He died in May 2021 at 86 years old from lung cancer. Defendant Jenkins Bros. filed a...more

Maron Marvel

Sixth Circuit Decision Reinforces that Standing & Traceability Key in PFAS Class Actions

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The recent decision by the Sixth Circuit in Hardwick and a review of the law from various jurisdictions supports the challenges that Plaintiffs face in proving standing for class certification in PFAS lawsuits. Late in 2023,...more

Goldberg Segalla

Talc Defendant Denied Summary Judgment in NYCAL

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Court: Supreme Court of New York, New York County - In this talc action, plaintiff Christina Thomas alleged she was exposed to asbestos from products manufactured by defendant Port Jervis Laboratories Inc., s/h/a Kolmar...more

Harris Beach PLLC

Defense Verdict in Alleged $40 million Connecticut Benzene Product Liability Case

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After a nine-day trial, a state court jury in Stamford, Connecticut, returned a unanimous defense verdict in a case where the plaintiff alleged exposure to benzene in gasoline caused leukemia. The verdict shows how defendants...more

Goldberg Segalla

Floor Tile Manufacturer’s Motion for Renewal Denied on Causation Ground

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Court: Supreme Court of New York, New York County - Defendant Mannington Mills Inc. moved for renewal of its previously denied motion for summary judgment, arguing the New York Court of Appeals’ Nemeth decision has since...more

Goldberg Segalla

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

Goldberg Segalla

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

Goldberg Segalla

Asbestos Supplier’s Motion for Summary Judgment Denied on Causation Grounds

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U.S. District Court for the Eastern District of Pennsylvania - The plaintiff’s decedent, Alfred Broderick, was allegedly diagnosed with asbestosis in March 2018, which he claimed was caused by exposure to asbestos. Mr....more

Goldberg Segalla

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

Goldberg Segalla

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

Goldberg Segalla

Joint Compound Manufacturer Files Appeal of $15M Verdict: Key Issues on Appeal

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As previously reported in the Asbestos Case Tracker here, in June 2022 a jury awarded plaintiff Munir Seen $15 million, allocating 70 percent of the fault to joint compound manufacturer Kaiser Gypsum. Following the trial,...more

Faegre Drinker Biddle & Reath LLP

What Dose Makes the Poison? Where Expert Cannot Say, Eleventh Circuit Affirms Summary Judgment

A central tenet of toxicology is that “the dose makes the poison.” Every chemical is toxic if enough of it is consumed, and every chemical has some dose – even if miniscule – at which it poses no significant risk. A chemical...more

Goldberg Segalla

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

Goldberg Segalla

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

Goldberg Segalla

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

Goldberg Segalla

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

Goldberg Segalla

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

Goldberg Segalla

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

Faegre Drinker Biddle & Reath LLP

Texas Supreme Court Refocuses on Causation and Affirms Summary Judgment in Herbicide Drift Case

The question of whether a particular application of herbicide on one property caused damage on another’s property requires expert testimony. When a plaintiff claims that herbicide drift caused reduced crop yields, it is not...more

Maron Marvel

The Supreme Court of South Carolina Grants Certiorari in Jolly v. Gen. Elec. Co., Agreeing to Review Setoff Calculation and...

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On September 1, 2021, the South Carolina Court of Appeals affirmed the circuit court’s verdict and additur in favor of Plaintiffs in the matter of Beverly Dale Jolly and Brenda Rice Jolly v. Gen. Elec. Co., et al. Fisher...more

Goldberg Segalla

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

Goldberg Segalla

Valve Defendants Obtain Summary Judgment on Causation

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U.S. District Court for the Central District of California - In this asbestos action, decedent John Carpenter worked as a marine machinist at the Long Beach Naval Shipyard from 1973 until 1984, when he became a...more

Husch Blackwell LLP

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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