News & Analysis as of

Asbestos Asbestos Litigation Wrongful Death

Goldberg Segalla

Plaintiffs’ Motion to Remand Denied

Goldberg Segalla on

Jurisdiction: United States District Court for the Middle District of Louisiana - Plaintiffs Claudette Washington Skidmore and Courtney Skidmore Williams brought claims against several defendants after the death of their...more

Goldberg Segalla

Talc Manufacturer’s Motion to Dismiss for Failure to State a Claim Granted

Goldberg Segalla on

U.S. District Court for the Eastern District of Missouri, Eastern Division - Decedent Carole Zicklin passed away from mesothelioma in September 2021. The decedent’s daughters subsequently filed a wrongful death lawsuit...more

Goldberg Segalla

First Department Affirms Denial of Pipe Manufacturer’s Motion for Summary Judgment

Goldberg Segalla on

Court: Supreme Court of New York, Appellate Division, First Department - In this asbestos action, decedent Rudolf Horvath alleged that he was exposed to asbestos from Bondstrand pipes manufactured by defendant, Ameron...more

Goldberg Segalla

Appellate Court Reverses Premise Defendant’s Summary Judgment Ruling

Goldberg Segalla on

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

Appellate Court Affirms Finding of Liability against Talc Defendant; Vacates Apportionment of Liability

Goldberg Segalla on

Court: Superior Court of Pennsylvania - In this asbestos action, appellant American International Industries (AII) appealed from a judgment entered in December 2022 awarding damages to appellee, Holly Fisher, executrix of the...more

Goldberg Segalla

Asbestos Damages in the Maritime Sphere

Goldberg Segalla on

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

Goldberg Segalla

Motion to Dismiss Damages under Maritime Law Granted in Part

Goldberg Segalla on

Jurisdiction: United States District Court for the Central District of California- In this action, the plaintiffs filed suit on behalf of the decedent, William Banks, in Los Angeles County Superior Court and thereafter...more

Goldberg Segalla

Texas Appellate Court Reverses Summary Judgment in Take-Home Exposure Case

Goldberg Segalla on

Court: Court of Appeals of Texas, Fourteenth District, Houston - In this asbestos action, a Texas Appellate Court reversed and remanded the grant of a no-evidence summary judgment motion as to defendant Howmet Aerospace Inc.,...more

Goldberg Segalla

A Review of 2023 Efforts to Broaden Wrongful Death Acts

Goldberg Segalla on

Several states over the past year have eliminated limitations that have been part of Wrongful Death Acts.  In Maine, the Legislature enacted “An Act to Amend the Laws Governing Damages Awarded for Wrongful Death.”...more

Hissey, Mulderig & Friend, PLLC

Asbestos Bankruptcy Trusts Offer Compensation to Victims of Exposure and Families

The link between asbestos exposure and an increased risk of diseases such as mesothelioma cancer, asbestos lung cancer, asbestosis, or other diseases was conclusively established in the 1970s. When this information was made...more

Goldberg Segalla

Various Defendants’ Motions to Dismiss Granted for Failure to Identify Specific Product

Goldberg Segalla on

U.S. District Court for the Eastern District of Missouri, Eastern Division - As previously reported by the Asbestos Case Tracker, decedent Gustave Sahm died from lung cancer allegedly caused by asbestos exposure from...more

Goldberg Segalla

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

Goldberg Segalla on

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

Husch Blackwell LLP

Walls Closing in on Experts: Federal Court Clarifies Daubert Rulings in Asbestos Case

Husch Blackwell LLP on

In orders issued on October 25, 2022 and November 9, 2022, U.S. District Court Judge Loretta Biggs provided some clarification to her prior expert rulings in the matter of Walls v. Ford Motor Company, et al., a mesothelioma...more

Goldberg Segalla

Defendants’ Corporate Representatives’ Testimony Condemns own Motions

Goldberg Segalla on

United States District Court for the Middle District of Louisiana, October 31, 2022 - Plaintiffs brought this wrongful death and survival action on behalf of decedent Kirk Reulet, alleging that Mr. Reulet was exposed to...more

Goldberg Segalla

Bankruptcy Stay Applies to Direct Actions against Insurers in “Limited Circumstances” where Numerous Asbestos Claims are Pending

Goldberg Segalla on

U.S. District Court, Middle District of Louisiana, October 19, 2022 - The plaintiffs brought a wrongful death and survival action for damages related to the death of their decedent in 2019. Decedent had a forty-five year...more

Goldberg Segalla

Summary Judgment Affirmed for Trailer Manufacturer

Goldberg Segalla on

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

Goldberg Segalla

Judgment Against Dryer-Felt Supplier Affirmed on Appeal

Goldberg Segalla on

Court of Appeals of South Carolina, August 3, 2022 - In this asbestos action, decedent Stephen Stewart alleged exposure from working with asbestos-containing dryer felt associated with a paper machine from 1963 until...more

Goldberg Segalla

Summary Judgment Granted for Insurer Where Plaintiff Failed to Establish Injury Occurred in Policy Period

Goldberg Segalla on

U.S. District Court for the Eastern District of Louisiana, August 3, 2022 - Originally filed by Decedent prior to his passing related to mesothelioma, Plaintiffs were substituted as the parties in a wrongful death claim...more

Goldberg Segalla

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

Goldberg Segalla on

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

Goldberg Segalla

Recovery of Damages Permitted as to Adult Children, Disallowed as to Spouse in Wrongful Death Action

Goldberg Segalla on

Court of Appeal of Florida, Fourth District, March 30, 2022 In this matter, the decedent alleged exposure to asbestos during military service, throughout his career working at various industrial plants, and at his own home...more

Nutter McClennen & Fish LLP

Product Liability 2019 Year in Review

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

Husch Blackwell LLP

Toxic Tort Monitor: District Court Of New Jersey Finds Specific Jurisdiction Lacking Based On Successor Liability Theory

Husch Blackwell LLP on

In Thomas-Fish v. Aetna Steel Prod. Corp., plaintiff Helen Thomas-Fish alleged her husband Robert Fish had died from mesothelioma caused by exposure to asbestos through his work at a shipbuilding yard in New Jersey in 1960....more

Fox Rothschild LLP

The Ex Post Facto Effect: The U.S. Supreme Court’s DeVries Decision And Asbestos Litigation In The United States

Fox Rothschild LLP on

Colleagues and clients frequently pose the question whether after more than forty years the asbestos litigation juggernaut has finally neared its inevitable conclusion. The United States Supreme Court’s recent decision in...more

Blank Rome LLP

The Supreme Court Adopts a Middle of the Road Approach When Deciding a Manufacturer’s Duty to Warn in the Context of Maritime Tort...

Blank Rome LLP on

On March 19, 2019, the U.S. Supreme Court in Air & Liquid Systems Corp. v. Devries held that, under maritime law, a product manufacturer has a duty to warn of asbestos or other hazardous parts when its own product, although...more

Beveridge & Diamond PC

Too Much to “Bare”: US Supreme Court Rejects Bare Metal Defense Under Federal Maritime Law

In an eagerly anticipated decision by the asbestos bar, the United States Supreme Court in Air & Liquid Systems et al. v. DeVries et at., Dkt. No. 17-1104, 2019 WL 1245520 (March 19, 2019) rejected the “bare metal defense” as...more

34 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide