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Asbestos Litigation Negligence

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Defendant’s Motion to Dismiss Plaintiffs’ Complaint Granted in Part

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U.S. District Court for the Northern District of California Plaintiffs James and Lucretia Sarjeant brought suit in California state court following Mr. Sarjeant’s diagnosis of malignant mesothelioma. He alleged exposure from...more

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Defense Verdict in Retrial of Packing Manufacturer

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Superior Court of California, County of San Francisco - Plaintiff Lisa Castillo filed an action in the San Francisco, California Superior Court alleging that her husband, Abraham Castillo, died of mesothelioma as a result of...more

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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

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Motion for Summary Judgment of Gasket and Packing Manufacturer Granted in Part and Denied in Part

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Court: United States District Court for the Northern District of Illinois, Eastern Division - Plaintiffs Chloyde Pelton and Shirley Pelton sued Defendant John Crane Inc. for negligence, willful and wanton conduct, and...more

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Gasket Manufacturer’s Motions for Summary Judgment Granted, in part, Pursuant to Maritime Law

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Court - United States District Court for the Eastern District of Pennsylvania Plaintiff’s decedent, Joseph Pine, served as a fireman aboard the USS Constellation from 1965-1967. After he died from mesothelioma a month...more

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Gasket Manufacturer Denied Summary Judgment in NYCAL

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Court: Supreme Court of New York, New York County - In this asbestos action, defendant Goodyear moved for summary judgment, arguing that asbestos exposure from its sheet gaskets could not have caused plaintiff Robert...more

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Valve Manufacturer Denied Summary Judgment in NYCAL

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Court: Supreme Court of New York, New York County - In this asbestos action, defendant Crosby moved for summary judgment on duty to warn and causation grounds. Plaintiff Joseph Deroy opposed the motion....more

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Defendant’s Motions for Summary Judgment Denied

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Supreme Court of New York, New York County - In three asbestos actions (Learmond, Nale, and Torio), a caulk defendant moved for summary judgment, arguing that the respective plaintiffs’ claims regarding the asbestos...more

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Court Issues Final Orders Regarding Various Motions of Automotive Defendants

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Jurisdiction: Superior Court of California, County of Los Angeles - Defendants Mercedes-Benz USA LLC, Morse Tec LLC, and American Honda Motor Co. Inc. filed various motions for summary judgment, or in the alternative...more

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

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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

Husch Blackwell LLP

Middle District of Pennsylvania Sets out a Road Map for Defendants to Assert the Government Contractor Defense in Asbestos Cases

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The Middle District of Pennsylvania’s opinion in Gorton v. Warren Pumps, LLC supported the government contractor defense and set forth a road map for defendants to follow to win summary judgment. The court, relying on the...more

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Shipyard Defendant Granted Partial Summary Judgment on Plaintiff’s Non-Employee Exposure Claims

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United States District Court for the Eastern District of Louisiana - From 1972 to 1975, plaintiff Frank P. Ragusa Jr. operated a cherry picker at Avondale Shipyards as an employee of Huntington Ingalls, Inc. He then...more

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$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

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Asbestos Distributor Defendant Obtains Summary Judgment Due to Lack of Identification

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United States District Court for the Eastern District of Louisiana, Jan. 13 Plaintiff Glen King  alleged that his exposure to asbestos during the course of his employment with the United States Navy, Louisiana State...more

Husch Blackwell LLP

Connecticut Court Affirms Increased Risk of Contracting Asbestos-Related Disease is Not an Injury

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On January 18, 2022, the Connecticut Court of Appeals affirmed a lower court’s opinion which struck claims of negligence, premises liability and recklessness predicated on increased risk of future harm from asbestos exposure....more

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Summary Judgment Denied as Court Finds Issues of Material Fact in Shipbuilder’s Claim

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United States District Court for the Eastern District of Louisiana, September 23, 2022 - In April 2020, Paul Hotard (“decedent”) received a mesothelioma diagnosis despite never handling or working with asbestos-containing...more

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Plaintiff unable to provide any legitimate evidence against motions for summary judgment

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United States District Court of the District of Nevada, September 19, 2022 - The plaintiff commenced this action in early 2020 by filing his Complaint against 13 defendants.  He suffers from mesothelioma and alleged...more

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

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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

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

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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

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Motions for Summary Judgment in Jones Act Matter Denied on Statute of Limitations and Causation Grounds

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United States District Court for the Southern District of New York, May 9, 2022 - In this asbestos action, decedent Carlo Badamo served on several vessels during his time as a merchant marine from 1944 to 1955....more

Maron Marvel

NJ Court Enforces Net Opinion Rule On Use of Expert Testimony in Asbestos Case

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In a recent decision on an asbestos exposure case, a New Jersey court once again reminded us that the admissibility of an expert opinion hinges upon the substance of the opinion, rather than the conclusions of the expert...more

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Summary Judgment Granted as Premises Owner Did Not Owe a Duty to Independent Contractor’s Employee

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U.S. District Court for the Western District of Pennsylvania, February 15, 2022 - In this asbestos action, Carl Gay alleged that he developed mesothelioma after a forty-year career. From 1974 until 1976, Gay worked as a...more

Maron Marvel

Jurisdictional Analysis Shows Divide on Duty for Take-Home Asbestos Exposure

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Jurisdictions are divided on the issue of whether there is a duty in take-home asbestos exposure cases, and while the majority of the states have not specifically addressed the issue in the asbestos exposure context, of those...more

White and Williams LLP

The Complex Insurance Coverage Reporter - 2019 Year in Review

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Welcome to CICR’s annual review of insurance cases. Here, we spotlight five decisions from the last year that you should know about—and five pending cases to watch. As our picks for “Cases to Know” indicate, 2019 was not a...more

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Asbestos/Duty of Care: Connecticut Court Addresses Construction Project/Liability Issues

The Superior Court of Connecticut (Judicial District of Hartford) (“Court”) addressed in a September 30th opinion certain issues arising in an asbestos exposure case. See Julian Poce, et al., v. O&G Industries, Inc., et al.,...more

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