News & Analysis as of

Mesothelioma Wrongful Death

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

Appellate Court Affirms Finding of Liability against Talc Defendant; Vacates Apportionment of Liability

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Court: Superior Court of Pennsylvania - In this asbestos action, appellant American International Industries (AII) appealed from a judgment entered in December 2022 awarding damages to appellee, Holly Fisher, executrix of the...more

Goldberg Segalla

Asbestos Damages in the Maritime Sphere

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The shipping industry is an extensive and foundational mode of global transportation and resource distribution. The men and women who work aboard the U.S. fleet are routinely exposed to varying types of cargo, machinery, and...more

Goldberg Segalla

Motion to Dismiss Damages under Maritime Law Granted in Part

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Jurisdiction: United States District Court for the Central District of California- In this action, the plaintiffs filed suit on behalf of the decedent, William Banks, in Los Angeles County Superior Court and thereafter...more

Hissey, Mulderig & Friend, PLLC

Asbestos Bankruptcy Trusts Offer Compensation to Victims of Exposure and Families

The link between asbestos exposure and an increased risk of diseases such as mesothelioma cancer, asbestos lung cancer, asbestosis, or other diseases was conclusively established in the 1970s. When this information was made...more

Husch Blackwell LLP

Court of Appeals of Louisiana Affirms Second 8-Figure Verdict of 2023

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In a move that further cements Louisiana’s place as the 7th Ranked Judicial Hell Hole of 2023, the Court of Appeals of Louisiana affirmed a second 8-figure verdict of 2023 for a mesothelioma personal injury case in Strauder...more

Goldberg Segalla

$5.5 Million Wrongful Death Damages and Pre-Judgment Interest Awards Affirmed on Appeal

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Court of Appeal of Louisiana, Fourth Circuit In this asbestos action, David Stauder Jr. (decedent) developed mesothelioma after working as a pipefitter for two decades. His daughters, Jill and Shelley Stauder (appellees)...more

Husch Blackwell LLP

Walls Closing in on Experts: Federal Court Clarifies Daubert Rulings in Asbestos Case

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In orders issued on October 25, 2022 and November 9, 2022, U.S. District Court Judge Loretta Biggs provided some clarification to her prior expert rulings in the matter of Walls v. Ford Motor Company, et al., a mesothelioma...more

Goldberg Segalla

Defendants’ Corporate Representatives’ Testimony Condemns own Motions

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United States District Court for the Middle District of Louisiana, October 31, 2022 - Plaintiffs brought this wrongful death and survival action on behalf of decedent Kirk Reulet, alleging that Mr. Reulet was exposed to...more

Husch Blackwell LLP

Florida Supreme Court Grants Review of Common Law Marriage-Before-Injury Rule on Loss of Consortium Recovery

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Florida’s Fourth District Court of Appeal recently held that to recover for loss of consortium under the Florida Wrongful Death Act, a surviving spouse must be married to the decedent at the time of injury—not the time of...more

Goldberg Segalla

Summary Judgment Affirmed for Trailer Manufacturer

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Court of Appeal of Louisiana, Fourth Circuit, September 28, 2022 - In this asbestos action, John Brindell (“Brindell”) allegedly contracted mesothelioma as a result of working as a mechanic for Puerto Rico Marine...more

Goldberg Segalla

Judgment Against Dryer-Felt Supplier Affirmed on Appeal

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Court of Appeals of South Carolina, August 3, 2022 - In this asbestos action, decedent Stephen Stewart alleged exposure from working with asbestos-containing dryer felt associated with a paper machine from 1963 until...more

Goldberg Segalla

Summary Judgment Granted for Insurer Where Plaintiff Failed to Establish Injury Occurred in Policy Period

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U.S. District Court for the Eastern District of Louisiana, August 3, 2022 - Originally filed by Decedent prior to his passing related to mesothelioma, Plaintiffs were substituted as the parties in a wrongful death claim...more

Goldberg Segalla

Recovery of Damages Permitted as to Adult Children, Disallowed as to Spouse in Wrongful Death Action

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Court of Appeal of Florida, Fourth District, March 30, 2022 In this matter, the decedent alleged exposure to asbestos during military service, throughout his career working at various industrial plants, and at his own home...more

Husch Blackwell LLP

Statute Of Limitations On Asbestos Claims: MN Supreme Court Reinforces

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The statute of limitations on asbestos claims was recently reevaluated by the Minnesota Supreme Court. In Palmer v. Walker Jamal Company, the court reinforces that the clock begins when the plaintiff learns they have an...more

Nutter McClennen & Fish LLP

Product Liability 2019 Year in Review

Massachusetts state and federal courts issued a number of important product liability decisions in 2019. The Product Liability practice group at Nutter recently reviewed these cases. Highlighted below are some of the key...more

Husch Blackwell LLP

Toxic Tort Monitor: District Court Of New Jersey Finds Specific Jurisdiction Lacking Based On Successor Liability Theory

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In Thomas-Fish v. Aetna Steel Prod. Corp., plaintiff Helen Thomas-Fish alleged her husband Robert Fish had died from mesothelioma caused by exposure to asbestos through his work at a shipbuilding yard in New Jersey in 1960....more

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