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Goldberg Segalla

Insurer Determined to Owe a Duty to Defend Asbestos Exposure Claims from Vermiculite Mining

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This insurance-coverage dispute involved alleged asbestos exposure from asbestos-containing vermiculite mined from Vermiculite Mountain outside of Libby, Mont. The court acknowledged that vermiculite ore may contain toxic...more

Goldberg Segalla

Talc Defendant’s Motion for Summary Judgment Based on Texas Law Granted on Appeal

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Court: Supreme Court of New York, Appellate Division, First Department - In September 2023, the trial court denied talc defendant Colgate-Palmolive Co.’s motion for summary judgment to dismiss the complaint against it. On...more

Goldberg Segalla

Appellate Court Reverses Premise Defendant’s Summary Judgment Ruling

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Court:  Court of Appeals of Texas, Fourteenth District, Houston - Carolyn and Frank Burford were married from November 1962 until Carolyn’s death in 2015. While married, Frank Buford worked for Alcoa at its aluminum smelter...more

Goldberg Segalla

Fifth Circuit Affirms District Court Decisions Excluding Appellants’ Experts Reports and Granting Summary Judgment

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Court: United States Court of Appeals for the Fifth Circuit - Plaintiff Harry Marsh worked as a merchant mariner from 1944 to 1992. He was diagnosed with mesothelioma in 2018 and subsequently sued the owner of every vessel he...more

Foley & Lardner LLP

Seventh Circuit Finds the Duty to Warn Can Extend to Packaging Manufactured by Another Company

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Can a company be found liable for failure to warn about hazards of another company’s product used in packaging for its own product?  What about when the company wasn’t warned that packaging could contain anything potentially...more

Husch Blackwell LLP

Fourth Circuit Affirms Summary Judgment Based On North Carolina Independent Contractor Exception

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The Fourth Circuit recently held that a premises owner in an asbestos case was not liable to a pipefitter based on insufficient evidence of exposure and the independent contractor exception to landowner liability...more

Faegre Drinker Biddle & Reath LLP

Whether Asbestos-Containing Components Were Manufactured by Third Parties No Longer Matters in New Jersey

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Aligning with neighboring New York, and clearing up conflict within the Appellate Division, the New Jersey Supreme Court ruled equipment manufacturers can be held strictly liable on the basis of failure to warn for...more

Nutter McClennen & Fish LLP

Product Liability 2019 Year in Review

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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

Haight Brown & Bonesteel LLP

Plaintiff’s Mere Presence in Area Where Asbestos is Present Insufficient to Establish Bystander Exposure

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In Schiffer v. CBS Corporation (filed 9/9/15; modified 9/30/15), the California Court of Appeal, First Appellate District, affirmed summary judgment in favor of the defendant asbestos insulation manufacturer finding...more

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