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Jurisdiction Asbestos Litigation

Goldberg Segalla

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

Goldberg Segalla

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

Goldberg Segalla

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

Goldberg Segalla

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

Goldberg Segalla

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

Goldberg Segalla

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

Goldberg Segalla

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

Goldberg Segalla

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

Goldberg Segalla

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

Goldberg Segalla

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

Husch Blackwell LLP

Judicial Hellhole Ranks for 2022-23 Receive a Significant Shake Up

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The American Tort Reform Foundation (ATR) released its 2022-2023 Judicial Hellhole report. In this report, the ATR ranks the eight most dangerous jurisdictions for corporate defendants and their defense attorneys. This year...more

Goldberg Segalla

Plaintiffs Allowed Additional Discovery to Establish Personal Jurisdiction over Hydraulic-Pump Defendant

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Court: United States District Court for the Eastern District of North Carolina, Western Division - Plaintiffs William Weaver and Judy Weaver filed suit, claiming that William Weaver was exposed to the defendants’...more

Goldberg Segalla

Brake Manufacturer’s Motion to Dismiss on Personal Jurisdiction Grounds Denied

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Superior Court of California, County of Los Angeles, October 6, 2022 - In this asbestos action, Plaintiff George Sweikart alleged that his mesothelioma resulted from exposure to asbestos-containing products, including...more

Goldberg Segalla

Automotive Defendant Obtains Dismissal for Lack of Jurisdiction

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United States District Court for the Southern District of Illinois, July 21, 2022 - In this asbestos action, defendant Honeywell International Inc., f/k/a Allied Signal Inc. as successor-in-interest to The Bendix...more

Goldberg Segalla

Court Grants Equipment Manufacturer’s Motion to Dismiss for Lack of Personal Jurisdiction and Denies Plaintiffs’ Request for...

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State of New York, Supreme Court, County of Monroe, May 16, 2022 - Plaintiffs John and Jayne Gaub commenced an asbestos-related lawsuit on February 22, 2021, against several defendants, including Textron, Inc., sued...more

Goldberg Segalla

Product Manufacturer and Supplier’s Motion to Dismiss Granted for Lack of Personal Jurisdiction

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Superior Court of Connecticut, Judicial District of Fairfield at Bridgeport, February 18, 2022 - In this asbestos action, defendant Ametek, Inc. moved to dismiss the complaint by plaintiffs Maria and Carmelo Patti. The...more

Goldberg Segalla

New York Manages to Remain a “Judicial Hellhole” in 2021

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While trials and in person court conferences are starting to trickle in, some jurisdictions such as New York still managed to hold its position as a judicial hellhole in 2021. According to American Tort Reform Foundation...more

Maron Marvel

Jurisdictional Analysis Shows Divide on Duty for Take-Home Asbestos Exposure

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Jurisdictions are divided on the issue of whether there is a duty in take-home asbestos exposure cases, and while the majority of the states have not specifically addressed the issue in the asbestos exposure context, of those...more

Husch Blackwell LLP

Cook County Court Finds Asbestos Plaintiff Failed To Establish Specific Personal Jurisdiction Over Out-Of-State Premises Defendant

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On November 26, 2019, in Eileen Riebel, et al. v. 3M Company, et al. (Case No. 2015-L-002124), Cook County Judge Clare E. McWilliams granted a premises defendant’s personal jurisdiction motion in an asbestos matter finding...more

Pillsbury - Gravel2Gavel Construction & Real...

Seventh Circuit Confirms District Court Doesn’t Have Jurisdiction

On June 4, the U.S. Court of Appeals for the Seventh Circuit decided the case of John Crane, Inc., v. Shein Law Center, LTD and Benjamin Shein, et al., and affirmed the lower court’s ruling in favor of the defendants....more

Husch Blackwell LLP

Cook County Circuit Court Denies Personal Jurisdiction Motion In Asbestos Case

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The Circuit court in Cook County, Illinois has recently clarified one of the limitations on which it applies personal jurisdiction and venue protections to Defendants in asbestos cases. In John C. Clark v. A.W. Chesterton...more

Husch Blackwell LLP

Cook County Circuit Court Denies Personal Jurisdiction Motion In Asbestos Case

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The Circuit court in Cook County, Illinois has recently clarified one of the limitations on which it applies personal jurisdiction and venue protections to Defendants in asbestos cases. In John C. Clark v. A.W. Chesterton...more

Husch Blackwell LLP

Eastern District Of Missouri Denies Plaintiff’s Motion To Reconsider Personal Jurisdiction Ruling

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The United States District Court for the Eastern District of Missouri recently denied an asbestos plaintiff’s motion for reconsideration of the court’s previous grant of defendants’ motion to dismiss for lack of personal...more

Seyfarth Shaw LLP

The 2016 Judicial Hellholes Report Is Out!

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Each year the American Tort Reform Association (“ATRA”) publishes its “Judicial Hellholes Report” and examines problems in state court systems and challenges for corporate defendants in the fair and unbiased administration of...more

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