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Asbestos

Goldberg Segalla

Union Carbide Prevails in Rare Rhode Island Asbestos Trial

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Plaintiff Bonito brought this asbestos action based on her diagnosis of, and eventual passing from, mesothelioma. Plaintiff alleged exposure from laundering her husband’s clothes from approximately 1966 to the1990s. Mr....more

Goldberg Segalla

Plaintiffs Succeed in Motion to Remand Case to State Court

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Jurisdiction: United States District Court for the Central District of California - Decedent David L. Dunlavey worked as a pipefitter and steamfitter from 1967 to 2006 — including time spent around 1970 working as a...more

Goldberg Segalla

EPA Announces Part 2 of Final Rule to Prohibit Asbestos Use in the United States

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The U.S. Environmental Protection Agency on Dec. 3 issued Part 2 of a final risk determination providing an overview of the hazards of asbestos “to workers in certain conditions.” The agency will soon begin the risk...more

Goldberg Segalla

Court Awards $7.5 Million in Punitive Damages to Connecticut Plaintiff

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Jurisdiction: Superior Court of Connecticut, Judicial District of Bridgeport at Bridgeport Decedent Nicolas Barone was diagnosed with mesothelioma in May 2022. His surviving spouse, Kathryn Barone (plaintiff)brought suit in...more

Husch Blackwell LLP

California District Court Compels Arbitration of Reinsurance Dispute

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A California federal district court recently compelled arbitration of a reinsurance dispute, finding that it “had little difficulty concluding that this case falls within the parties’ arbitration agreement.” Truck Insurance...more

Goldberg Segalla

Court Denies Valve Manufacturers Summary Judgement Motion - Update

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Supreme Court of New York, New York County - Plaintiff Raymond Lee, as administrator for the estate of the decedent, Jim Lee filed a lawsuit in the Supreme Court of New York, New York County alleging decedent was exposed to...more

Goldberg Segalla

Court Denies Valve Manufacturer’s Summary Judgement Motion

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Supreme Court of New York, New York County -In this asbestos action, Plaintiff Jane E. Wixted, as executrix for the estate of the decedent, Thomas N. Wixted (“Decedent”) filed a lawsuit in the Supreme Court of New York, New...more

Goldberg Segalla

New York Court Grants Valve Manufacturer’s Motion for Summary Judgment Based on Lack of Personal Jurisdiction

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Court:  Supreme Court of New York State, Erie County - Plaintiff Ronald McInnis worked as a career union pipefitter from the 1970s-2010s. A native of Chatham, New Brunswick, plaintiff spent the vast majority of his career...more

Goldberg Segalla

Court Rules Pro Se Plaintiff’s Deliberate Indifference Claim Actionable

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Jurisdiction: United States District Court for the Middle District of Pennsylvania - This is a prisoner civil-rights case filed pursuant to 42 U.S.C. § 1983, regarding the conditions of confinement in Huntingdon State...more

Goldberg Segalla

Connecticut Jury Awards $15 Million Talc Verdict against Johnson & Johnson Entities

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Court: Connecticut Superior Court – Fairfield at Bridgeport County - In this asbestos action, Plaintiffs Evan Plotkin and Martha Barry-Plotkin filed suit claiming Mr. Plotkin had asbestos exposure from, among other things,...more

Goldberg Segalla

California Jury Finds for Asbestos Defendant in Friction Products Case

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Court: California Superior Court, Los Angeles County- In this asbestos action, plaintiffs Leon Solis Jr., Laura Rangel, Crystal Solis and Leon Solis filed suit claiming negligence against several defendants, including Brake...more

Goldberg Segalla

Virginia Jury Awards $3.45 Million In Millwright Mesothelioma Case

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Virginia Circuit Court - In this asbestos action, plaintiff Patricia Katcham filed suit claiming that her husband, James Katcham, had occupational exposure to asbestos because of his career as a millwright. It was...more

Goldberg Segalla

New York Jury Awards $600,000 in Mechanic’s Mesothelioma Case

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New York Supreme Court – New York County In this asbestos action, plaintiff Michael C. Wagner filed a lawsuit in the Supreme Court of New York – New York County, alleging occupational exposure to asbestos because of his...more

Goldberg Segalla

South Carolina Asbestos Litigation Moves Up in its Position on the 2023/2024 Judicial Hellholes List

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Since its initial appearance on the Judicial Hellholes list in 2020, South Carolina asbestos litigation continues to move up. South Carolina has earned a reputation for bias against corporate defendants, unwarranted...more

Goldberg Segalla

Fed Court Determines Plaintiff’s Complaint Does Not Constitute a “Shotgun Pleading”

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U.S. District Court for the Eastern District of Louisiana - Plaintiff Mallory Ware was diagnosed with lung cancer in May 2020. He alleged his occupational exposure to asbestos and toxic welding fumes caused his illness....more

Goldberg Segalla

Jury Verdict Reversed and Remanded on Appeal in California

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Court: Court of Appeal of California, First Appellate District, Division Two -   Plaintiff Steven Watts filed a lawsuit in the Superior Court of Alameda County, California naming 36 defendants who were alleged to have...more

Goldberg Segalla

Debtor’s Motion for Preliminary Injunction Granted

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Jurisdiction: United States Bankruptcy Court for the District of New Jersey - Whittaker, Clark & Daniels Inc. and its affiliates (Debtors) initiated this bankruptcy action with the Federal District Court of New Jersey....more

Rivkin Radler LLP

Justices’ Ch. 11 Ruling Is A Big Moment For Debtors’ Insurers

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In one of the most publicized terms for the U.S. Supreme Court, one June decision has not received the attention it deserves: Truck Insurance Exchange v. Kaiser Gypsum Company Inc. Truck upends decades of Chapter 11...more

Hinshaw & Culbertson - Insights for Insurers

How the U.S. Supreme Court's Rulings on Kaiser and Purdue Pharma Affect Insurers' Rights and Interests in Chapter 11 Cases

On June 6, 2024, the United States Supreme Court issued its decision on an insurer’s standing in its policyholders’ Chapter 11 bankruptcy proceeding in Truck Exchange v. Kaiser Gypsum Co., 144 S. Ct. 1414 (2024). The decision...more

Goldberg Segalla

Connecticut Court Determines it Lacks Personal Jurisdiction Over Talcum Powder Defendant

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Court:  Superior Court of Connecticut, Judicial District of Bridgeport at Bridgeport - Connecticut resident Elaine Adelia Hickey (decedent) contracted mesothelioma alleging exposure to asbestos and asbestos-containing talcum...more

Goldberg Segalla

Jury Awards Verdict against Automotive Manufacturer; No Punitive Damages Found

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Court: Supreme Court of the State of New York, County of New York (NYCAL) - A jury earlier this month awarded a plaintiff’s verdict in the Supreme Court of the State of New York, County of New York (NYCAL)....more

Goldberg Segalla

NY Court Grants Defendant’s Motion for Summary Judgment Following Improper Service in Illinois Action

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Jurisdiction:  Supreme Court of New York, New York County - In a New York City asbestos action, defendant Tishman Liquidating Corporation moved for summary judgment to dismiss plaintiff’s complaint, arguing the plaintiff’s...more

Goldberg Segalla

Rhode Island Court Denies and Grants, in Part, Joint Defense Motion to Exclude Plaintiff’s Experts

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Court: Superior Court of Rhode Island, Providence - In this asbestos action, plaintiffs claim decedent, Bonnie J. Bonito, developed mesothelioma from exposure to asbestos from laundering her late ex-husband’s work clothing...more

Goldberg Segalla

Connecticut Jury Returns $15M Verdict against J&J in Talc Trial

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Court: Fairfield County, Connecticut Superior Court - A Connecticut jury on Tuesday awarded a $15 million dollar plaintiff’s verdict against Johnson & Johnson and several subsidiaries.  ...more

Houston Harbaugh, P.C.

Pennsylvania Superior Court Holds That Employer’s Liability Exclusions May Not Bar Coverage For Asbestos Claims Of An Employee’s...

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Employer’s Liability Exclusions typically apply to claims for bodily injury to employees arising out of and in the course of their employment by the insured. But, to what extent might such exclusions apply to claims for...more

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