Jillian Madison at Goldberg Segalla

Cosmetic Talc Manufacturer Denied Motion for Summary Judgment Regarding Punitive Damages

Jurisdiction: Supreme Court of New York, New York County; October 5, 2023 - Plaintiff filed a lawsuit alleging her asbestos-related disease was caused by her use of talcum powder products manufactured by, among others,...more

10/16/2023 / Asbestos , Asbestos Litigation , Motion for Summary Judgment , NY Supreme Court , Punitive Damages

Defendants Unsuccessful On Motions to Preclude Experts and Summary Judgment

United States District Court for the Eastern District of Louisiana - In ACT’s continuing coverage of the Robichaux matter, Felton Robichaux filed suit in Civil District Court for the Parish of Orleans against a number of...more

9/27/2023 / Asbestos , Asbestos Litigation , Expert Witness , Federal Rules of Civil Procedure , Mesothelioma , Occupational Exposure , Summary Judgment , Take-Home Exposure , Toxic Exposure

Talc Manufacturer’s Removal Motion Denied Joinder; Case Remanded to State Court

Jurisdiction: United States District Court for the Southern District of New York; September 18, 2023 Plaintiff Ann Greenberg’s asbestos-related lawsuit against defendants Johnson & Johnson and Kolmar Laboratories asserts...more

9/21/2023 / Asbestos , Fraud , Johnson & Johnson , Manufacturers , Remand , State Courts

ALCOA Denied Summary Judgment Where Question of Fact Exists

Jurisdiction: Supreme Court of New York, New York County - This action was filed on behalf of decedent, Kenneth Last, alleging he was exposed to asbestos while working for general contractor, ALCOA Inc., n/k/a ARCONIC Inc.,...more

9/20/2023 / Asbestos , Asbestos Litigation , Hazardous Substances , Toxic Exposure , Workplace Hazards

Defendant Denied Summary Judgment on Punitive Damages for Failure to Provide Case-Specific Support

Jurisdiction: Supreme Court of New York, New York County - Plaintiff Kevin Burns filed an asbestos-related lawsuit against numerous defendants, including Burnham, testifying that while he worked as a plumber he was exposed...more

9/20/2023 / Asbestos , Asbestos Litigation , Hazardous Substances , Negligence , OSHA , Toxic Exposure , Workplace Hazards

Defendant Shipyard Unsuccessful on Summary Judgment under 5th Circuit Precedent

U.S. District Court for the Eastern District of Louisiana - Plaintiff Felton Robichaux brought this asbestos-related lawsuit claiming he was exposed to asbestos through his work as a land-based insulator and carpenter at...more

9/14/2023 / Asbestos , Asbestos Litigation , Occupational Exposure , Summary Judgment , Toxic Exposure

Judge Finds Question of Fact Regarding Boiler Manufacturer’s Warnings; Denies Motion for Summary Judgment as to Punitive Damages

Jurisdiction: Supreme Court of New York, New York County - In this asbestos-related lawsuit, the plaintiff alleged he was exposed to asbestos while working with, and around, boilers manufactured by defendant, Burnham,...more

8/8/2023 / Asbestos , Asbestos Litigation , Manufacturers , Punitive Damages , Summary Judgment , Toxic Exposure

Plaintiff’s Motion to Remand Denied; Court Finds Defendants’ Removal Timely

Court: United States District Court for the Southern District of Alabama, Southern Division - This action was filed in the Circuit Court of Mobile County, Alabama, on June 23, 2022. The complaint named numerous...more

5/19/2023 / Asbestos , Asbestos Litigation , Mesothelioma , Motion to Remand , Occupational Exposure , Officer Removal , Removal , Statutory Interpretation

Court Finds No Fraudulent Joinder, Plaintiff Successful on Motion to Remand

Court: United States District Court for the Northern District of Ohio; April 28, 2023 - This asbestos-related action was brought by plaintiff Carolyn Keiser on behalf of herself and as the executor of her husband,...more

5/2/2023 / Asbestos , Asbestos Litigation , Fraudulent Joinder , Manufacturers , Mesothelioma , Motion to Remand , Toxic Exposure

Court Grants Plaintiffs Opportunity to Identify Brake Brand before Ruling on Motion to Quash

Court: Superior Court of California, County of Los Angeles - Plaintiffs Samson Bareh and Gen Bareh filed this matter, alleging Samson developed mesothelioma from exposure to asbestos. Defendant Aftermarket Auto Parts...more

4/25/2023 / Asbestos , Asbestos Litigation , Due Process , Mesothelioma , Motions to Quash , Toxic Exposure

Maritime Defendants’ Motions for Summary Judgment under Government Contractor Defense Denied

Court: United States District Court for the Northern District of California - This asbestos-related lawsuit alleges that the decedent, Roberto Elorreaga, developed mesothelioma from exposure to asbestos-containing...more

4/5/2023 / Asbestos , Asbestos Litigation , Federal Contractors , Genuine Issue of Material Fact , Mesothelioma , Motion for Summary Judgment , Preemption , Toxic Exposure

General Contractor Defendant Fails to Meet Its Burden on Summary Judgment; Motion Denied

In this asbestos-related lawsuit, the defendant, Structure Tone, filed for summary judgment arguing that the plaintiff failed to establish that he was exposed to asbestos from working with or near products used by Structure...more

4/5/2023 / Asbestos , Asbestos Litigation , Judgment As A Matter Of Law , Mesothelioma , Summary Judgment , Toxic Exposure

District Court Denies Plaintiff’s Motion to Remand despite Dismissal of Defendant that Formed the Basis of Federal Jurisdiction

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

3/28/2023 / Asbestos , Asbestos Litigation , Causation , Federal Contractors , Federal Jurisdiction , Mesothelioma , Motion to Remand , Officer Removal , Toxic Exposure

Defendant’s Motion for Summary Judgment under Longshore and Harbor Workers’ Compensation Act Granted

Court: United States District Court for the Eastern District of Louisiana - Plaintiff Frank P. Ragusa Jr. filed an asbestos-related lawsuit in Civil District Court for the Parish of Orleans alleging he was exposed to...more

3/21/2023 / Asbestos , Asbestos Litigation , Employer Liability Issues , LHWCA , Longshoremen , Mesothelioma , Navigable Waters , Occupational Exposure , Workplace Injury

Plaintiff’s Failure to Timely Amend Complaint Results in Court Dismissing Second Filed Complaint

Court: United States Court of Appeals for the Third Circuit - In 2016, plaintiff Richard Nybeck sued various product manufacturers in the Philadelphia County Court of Common Pleas, alleging he developed lung cancer after...more

3/7/2023 / Amended Complaints , Appeals , Asbestos , Asbestos Litigation , Claim Preclusion , Occupational Exposure , Toxic Exposure

District Court Finds Defendant Has Colorable Federal Officer Statutory Defense, Denies Plaintiffs’ Motion to Remand

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

3/7/2023 / Asbestos , Asbestos Litigation , Jurisdiction , Motion to Remand , Statutory Defenses , Subject Matter Jurisdiction , Toxic Exposure

2022 Fourth Quarter Asbestos Bankrupt Trust Alert

The end of 2022 saw a number of changes to the asbestos bankruptcy trusts, including site list updates to half of the trusts that saw changes during this time. As the Asbestos Case Tracker previously reported, the trend of...more

3/2/2023 / Asbestos , Asbestos Litigation , Toxic Exposure

Defendant’s “Conclusory” Affidavit Not Enough to Meet Burden on Summary Judgment

Court: Supreme Court of New York, New York County - In this asbestos-related lawsuit, defendant, Perkins Engines, filed a motion for summary judgment arguing that plaintiff could not have used its brakes, clutches, or...more

2/28/2023 / Asbestos , Asbestos Litigation , Judgment As A Matter Of Law , Summary Judgment , Toxic Exposure

Court Grants Plaintiff’s Motion to Compel Discovery from Turbine Manufacturer at Various Power Stations

Superior Court of Rhode Island, Providence, July 22, 2022 - In this asbestos-related lawsuit, the plaintiffs allege that the decedent, Ann Stadtler, developed mesothelioma and died due to take-home exposure to asbestos...more

7/27/2022 / Admissible Evidence , Asbestos , Asbestos Litigation , Discovery , Motion to Compel , Occupational Exposure

Multiple Defendants Successful on Motions for Summary Judgment on Plaintiffs’ Intentional Tort and Fraud Claims

U.S. District Court for the Eastern District of Louisiana, July 25, 2022 - As previously reported on the Asbestos Case Tracker, this matter stems from decedent Callan Cortez’s take-home exposure to asbestos, from his...more

7/27/2022 / Asbestos , Asbestos Litigation , Genuine Issue of Material Fact , Intentional Torts , Judgment As A Matter Of Law , Negligence

Plaintiffs’ Motion to Exclude Defense Expert’s Hearsay Statements Granted

United States District Court for the Eastern District of Louisiana; July 18, 2022 - Plaintiffs filed an asbestos-related lawsuit on behalf of Decedent, Callan Cortez, alleging that Mr. Cortez contracted mesothelioma as a...more

7/19/2022 / Asbestos , Asbestos Litigation , Expert Testimony , Expert Witness , Federal Rules of Evidence , Hearsay , Mesothelioma , Motion to Exclude , Take-Home Exposure , Toxic Exposure

Defendants Successful on Motion to Strike Plaintiff’s Expert’s Specific Causation Opinion

United States District Court for the Northern District of California, July 11, 2022 Plaintiff, Frank Shelton, filed an asbestos-related lawsuit alleging his exposure to asbestos from various defendants’ products while he...more

7/13/2022 / Admissibility , Asbestos , Asbestos Litigation , Causation , Expert Testimony , Mesothelioma , Rule of Evidence 702 , Toxic Exposure

New York’s Grieving Families Act May See First Update In Over 100 Years

The current wrongful death statute in New York, which has been in place since 1847, may get a revamp in the coming months. Senate Bill S74A, also known as the Grieving Families Act (“the Act”) is currently awaiting Governor...more

7/5/2022 / Asbestos , Asbestos Litigation , Negligence , Pain and Suffering , Statute of Limitations , Wrongful Death

Pump Manufacturer Successful on Summary Judgment

Supreme Court of New York, Suffolk County, June 6, 2022 - Plaintiffs Lisa and Edward Gavin filed a lawsuit to recover damages for the injuries Lisa allegedly sustained as a result of exposure to asbestos-containing...more

6/29/2022 / Asbestos , Asbestos Litigation , Manufacturers , NY Supreme Court , Toxic Exposure

Court Dismisses Plaintiffs’ International Tort Claim Against Outside Contractor; Finds Issues of Fact For Jury on Outside...

United States District Court for the Eastern District of Louisiana, June 8, 2022 - In April 2022, Hopeman filed the instant motion for partial summary judgment arguing that the plaintiffs’ intentional tort claim must be...more

6/15/2022 / Alter Ego , Asbestos , Asbestos Litigation , Burden-Shifting , Genuine Issue of Material Fact , Judgment As A Matter Of Law , Summary Judgment , Toxic Exposure

Jillian Madison

Goldberg Segalla

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