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Appeals Court Affirms NYCAL Judge’s Denials of Motions to Dismiss on Successor Liability Grounds

Court: Supreme Court of New York, Appellate Division, First Department - Defendant P.B. Heat previously moved to dismiss multiple complaints in New York City Asbestos Litigation (NYCAL) cases…...more

Jury Award of $36 Million Affirmed against Contractor

Court: Court of Appeal of Louisiana, Fourth Circuit - In this asbestos action, plaintiff William Walker alleged asbestos exposure from working as a pipefitter and welder for Level 3 Holdings Inc. f/k/a Peter Kiewit &...more

Delaware Court Applying Ohio law Upholds Duty to Warn on Brake Grinding Machine Defendant

Court: Superior Court of Delaware, New Castle - In this asbestos action, decedent Donald Jordonek used brake lathes and grinders manufactured by AMMCO while working at a tire center in Ohio from 1972 until 1999. The...more

Clutch Manufacturer Obtains Summary Judgment on Medical Causation Grounds

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

Shipyard’s Motion to Exclude Plaintiff’s Causation Experts Denied

U.S. District Court for the Eastern District of Louisiana - As previously reported on Asbestos Case Tracker, plaintiff Frank Ragusa alleges that he developed mesothelioma from asbestos exposure. Defendant Huntington...more

Joint Compound Defendant Post-Trial Motions Denied

Court: Supreme Court of the State of New York, County of New York - In this asbestos action, Munir Seen alleged he developed mesothelioma from asbestos exposure from various products, including joint compound from...more

Case Remanded to California State Court; Plaintiff Awarded Motion Costs and Fees

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

Defendant’s Motion to Compel Settlement Agreements Granted

Court: United States District Court for the District of Kansas In this action, plaintiff Dennis Dickenson filed suit after being diagnosed with mesothelioma and subsequently settled with two companies. Defendant Henkel moved...more

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

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

[Webinar] Jurisdiction Update: Asbestos Litigation in New York, New Jersey & Pennsylvania - February 28th, 12:00 pm - 1:00 pm EST

Join Goldberg Segalla for an informational webinar addressing the latest updates in asbestos litigation in New York, New Jersey, and Pennsylvania. Join Christina A. Gonzales, David E. Rutkowski, Andrew J. Scholz, and...more

Motion to Remand Denied as Defendant’s Removal Timely Under Federal Officer Removal Statute

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

Automobile Manufacturer Denied Summary Judgment as Corporate Representative Affidavit Deemed Insufficient

Court: Supreme Court of New York, New York County - In this asbestos action, the defendant, Francesco Carboni, alleged asbestos exposure working on automobiles for Zumbach Sports Cars. The defendant, Porsche Cars North...more

Pump Manufacturer Obtains Partial Summary Judgment

Court: Supreme Court of New York, Appellate Division, Third Department - In this asbestos action, the plaintiff, Albert Howard, contends that he developed mesothelioma following his service in the United States Navy from...more

Valve Defendants Obtain Summary Judgment on Causation

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

Removal of Case Based on the Federal Officer Removal Statute by Shipyard Defendant Upheld

United States District Court for the District of Louisiana - In this asbestos action, the plaintiff, Wilson Goffner Sr., alleged he developed lung cancer as a result of his work as a shipfitter at the Avondale Shipyard...more

Appellate Division Reverses Trial Court’s Denial of Dismissal of Punitive Damages Claim

Supreme Court of New York, Appellate Division, First Department - Plaintiffs Victor Arana and Romeo Maffei, both allege asbestos exposure from working with asbestos cement pipe previously distributed by the defendant, J-M...more

Boiler Manufacturer Directed to Appear for Punitive Damages Deposition

Supreme Court of New York, Appellate Division, First Department - In this asbestos action, Defendant Burnham (“Burnham”) moved to vacate the NYCAL Special Master’s ruling directing Burnham to appear for a deposition with...more

2022 Mid-Year Asbestos Filing Update

Recently, KCIC posted their 2022 Mid-Year Asbestos Filings Update. This update is compiled using information collected through July 31st. This article illustrates some highlights from the update....more

Government Contractor Defense Inapplicable to Plaintiff’s Failure to Warn and Prevent the Spread of Asbestos Claims

United States District Court for the Eastern District of Louisiana, October 12, 2022 - In this asbestos action, Plaintiff Ruby Lee Marie Falgout (“Plaintiff”) alleged take-home exposure from laundering her husband’s...more

Automotive Defendant’s Motion for Summary Judgment Fails as Issues of Fact Remain on Causation and Punitive Damages

Supreme Court of New York, Erie County, October 6, 2022 - In this asbestos action, Plaintiff Joseph Skrzynski alleged that he developed malignant mesothelioma as a result of occupational exposure to asbestos from brakes...more

Talcum Powder Defendant Fails to Meet Summary Judgment Burden on Medical Causation

Supreme Court of New York, New York County, September 22, 2022 - In this NYCAL action, Decedent Maryann Purser (“Decedent”) alleged that she developed pleural mesothelioma through the use of Cashmere Bouquet talcum...more

Certain State Actions Preliminarily Enjoined in Johnson & Johnson Bankruptcy Case

United States Bankruptcy Court for the District of New Jersey, October 4, 2022 - The Asbestos Case Tracker has followed every step in Johnson & Johnson’s bankruptcy case. Recently, Plaintiff LTL Management (“Debtor”)...more

Naval Expert’s Testimony Limited on Duty to Warn Issue

United States District Court for the Eastern District of Louisiana, September 29, 2022 - The Callen Cortez (“Plaintiff”) matter has been previously reported by the Asbestos Case Tracker. At current issue is the...more

Summary Judgment Affirmed for Trailer Manufacturer

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

Intentional Tort and Fraud/Concealment Counts Dismissed for Several Defendants Court

United States District Court for the Eastern District of Louisiana , August 24, 2022 - The Asbestos Case Tracker continues to cover the Becnel matter, in which the plaintiffs allege James Becnel was exposed to asbestos at...more

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