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Manufacturers Motion for Summary Judgment

Foley & Lardner LLP

Supplier Manufacturer Defeats Motion for Summary Judgment on Claim for Violation of the Wisconsin Fair Dealership Law

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A Wisconsin-based supplier of hair products had an agreement with a foreign manufacturer for the exclusive rights to sell products in Wisconsin and Minnesota. The supplier filed suit for violations of the Wisconsin Fair...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

Goldberg Segalla

Pipe Manufacturer Denied Summary Judgment in NYCAL

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Supreme Court of New York, New York County - In this asbestos action, decedent Rudolf Horvath alleged that he was exposed to asbestos from Bondstrand pipes manufactured by the defendant, Ameron International. Ameron moved...more

Goldberg Segalla

Printing Press Manufacturer’s Motion for Summary Judgment Denied

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Supreme Court of the State of New York, New York County Plaintiff Jean Castagna filed suit against a number of defendants, including Komori America Corporation, alleging exposure to asbestos during his employment with Martin...more

Goldberg Segalla

Questions of Fact Split Summary Judgment for Valve Defendants

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U.S. District Court for the Western District of Washington - In this asbestos action, the plaintiff alleges that decedent David Welch’s mesothelioma was caused by his exposure to asbestos from his service in the U.S. Navy...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

Gasket Manufacturer’s Motion for Summary Judgment Denied in Take Home Exposure Case

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Plaintiff Edith Niedert alleged that she developed lung cancer as a result of her exposure to asbestos from laundering the clothing of her husband, Paul Niedert. From 1956 to 1993, Mr. Niedert was employed as a plumber and...more

Goldberg Segalla

Floor Tile Manufacturer’s Motion for Summary Judgment Denied

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Plaintiff Paul M. Moutal was diagnosed with lung cancer in January 1999 and alleged that his lung cancer resulted from exposure to asbestos from his time as a handyman, laborer, and carpenter in the 1960s and 1970s. During...more

White and Williams LLP

Significant Ruling in PFAS Litigation Could Impact Insurance Coverage

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Per- and poly-fluoroalkyl substances, commonly known as PFAS, have served as a key component in numerous industrial and consumer products for decades. These “forever chemicals,” which have been associated with environmental...more

Goldberg Segalla

Denial of Floor Tile Manufacturer’s Motion for Summary Judgment

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From 1964 to the early 1970s, the plaintiff worked as a carpenter with his brother-in-law and the Carpenter’s Union, Local 257.  From 1969 to his retirement in 2007, he worked as a carpenter at commercial and residential...more

Haight Brown & Bonesteel LLP

Not Even Amazon Can Avoid Being In the Chain of Distribution Under California Strict Products Liability Law

In August of 2020, a California Court of Appeal held that Amazon was subject to strict products liability for each and every product sold on its website. (See Bolger v. Amazon.com LLC (2020), 53 Cal.App.5th 431. You can read...more

Nutter McClennen & Fish LLP

Product Liability 2020 Year in Review

Massachusetts federal and state courts issued a number of important product liability decisions in 2020. These involved a number of rulings on issues surrounding personal jurisdiction. The Product Liability practice group at...more

White and Williams LLP

Dead Men Do Tell Tales: Pennsylvania Permits Decedent Depositions to Sink Summary Judgment

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“Dead Men Tell No Tales” – Captain Jack Sparrow, “Pirates of the Caribbean: Dead Men Tell No Tales” [Not True: Actually from a poem by the same name by Heniel Long (1888-1956) as found in Modern American Poetry, Untermeyer,...more

Akin Gump Strauss Hauer & Feld LLP

Patent Infringement Suit Against Product Manufacturer Partially Doomed by Prior Suit Against Component Supplier

Chief Judge Saris of the District of Massachusetts has granted-in-part a product manufacturer’s motion seeking summary judgment of claim preclusion based on patentee’s prior assertion of the same patent against a component...more

Akin Gump Strauss Hauer & Feld LLP

Authorized Sale of a Product Does Not Exhaust Patent Rights Against Upstream Parties in the Chain of Commerce

A district court in the Western District of Washington denied Adaptics Ltd.’s (“Adaptics”) motion for summary judgment of patent exhaustion, which was based on a theory that an authorized sale by a downstream reseller can...more

Holland & Knight LLP

AndroGel Litigation Finally Ready for Trial, But Plaintiffs’ Paths to Proving Causation Curtailed

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Five years after the U.S. Supreme Court found in FTC v. Actavis, 570 U.S. 136 (2013), that large and unjustified payments from a brand pharmaceutical manufacturer to prevent generic entry can provide a basis for an antitrust...more

Holland & Knight LLP

Reverse-Payment Plaintiffs Mine Patent Litigation Record to Survive Summary Judgment

Holland & Knight LLP on

We pointed out in a recent article that, based on recent decisions by the Courts of Appeals for the First and Third Circuits, private antitrust plaintiffs seeking damages from so-called “reverse-payment” settlement agreements...more

Haight Brown & Bonesteel LLP

Plaintiff's Self-Serving Testimony Coupled with Purely Circumstantial Expert Testimony Held Sufficient to Defeat Summary Judgment

In Lyons v. Colgate-Palmolive Co. (filed October 19, 2017, A150567), the California Court of Appeal, First Appellate District, held that a plaintiff’s testimony regarding use of a particular manufacturer’s product, joined...more

Cozen O'Connor

Federal Preemption Narrowed For Aviation Suppliers In Sikkelee v. Precision Airmotive Corp.

Cozen O'Connor on

On April 19, 2016, the Third Circuit Court of Appeals issued its opinion on the issue of federal preemption in Sikkelee v. Precision Airmotive Corp. The sixty-one page opinion effectively narrowed the scope of federal...more

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