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Asbestos Motion to Dismiss

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Defendant Granted Motion to Dismiss Claim against Settlement Trust for Untimeliness

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Superior Court of Delaware, New Castle - In the asbestos action Burhenn v. Celotex Asbestos Settlement Trust, the court granted defendant Celotex’s motion to dismiss on the grounds that the complaint was untimely filed. In...more

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Putty Manufacturer and Talc Disturber’s Motion to Dismiss on Causation Grounds Denied

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Court: Supreme Court of New York, New York County (NYCAL) - In this asbestos action, plaintiff Jennifer Peganis alleged take-home exposure to asbestos from laundering her husband’s work clothing. Defendant Donald Durham...more

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New York Law Applied for Service Standard in Case Where Wisconsin Law Applied in Part

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In the recent Agnew decision, the court had to decide on National Tinsel’s motion to dismiss. National Tinsel is an artificial snow company incorporated in Wisconsin which was being sued in New York. National Tinsel filed for...more

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

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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

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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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Chemical Company’s Renewed Motion to Dismiss Amended Complaint Granted

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Jurisdiction: United States District Court for the Southern District of Florida Plaintiff Douglas S. Johnson, one of the surviving children and personal representative of the estate of decedent French E. Johnson, filed an...more

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Motion to Dismiss Damages under Maritime Law Granted in Part

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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

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Denial of Dryer Felt Manufacturer’s Motion for Judgment Notwithstanding the Verdict Affirmed

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Court: Supreme Court of South Carolina - In this mesothelioma matter, the Supreme Court of South Carolina granted a writ of certiorari to review decisions of the South Carolina Court of Appeals affirming the trial court’s...more

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Climate Change Litigation: What Can Liability Insurers Expect in 2024?

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Climate litigation against companies is increasing and the stakes are getting higher. Last year saw more headline-making claims being brought against corporations and a slew of important decisions from courts in...more

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Appellate Division Reverses Denial of Door Manufacturer’s Motion to Dismiss

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Supreme Court of New York, Appellate Division, First Department - In July 2023, the trial court denied a door manufacturer’s motion to dismiss. Upon appeal, the Supreme Court, Appellate Division, First Department found...more

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Gasket Manufacturer’s Motion to Dismiss on Personal Jurisdiction Granted

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Court: United States District Court for the District of Massachusetts - Plaintiffs Robert and Judith Gillis of Massachusetts filed this action against numerous defendants in Massachusetts state court, alleging the defendants...more

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Talc Defendants’ Motion to Dismiss Punitive Damages Claim Granted; Motion to Dismiss Civil Conspiracy Claim Denied

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U.S. District Court for the Eastern District of Louisiana - In this asbestos action, plaintiff Michael Simoneaux initially filed suit against his former employers for alleged asbestos exposure. He later amended his...more

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Glove Manufacturer’s Renewed Motion to Dismiss Based Upon Lack of Personal Jurisdiction Denied

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Court: Supreme Court of New York, New York County - Defendant Steel Grip Inc. (SGI) filed a renewed motion to dismiss following the completion of jurisdictional discovery on the basis that it lacked any connection to the...more

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Boiler Manufacturer’s Motion to Dismiss Denied

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Court: Supreme Court of New York, New York County (NYCAL) - In this asbestos action, boiler defendant Burnham LLC was sued for a variety of claims, including failure to warn, loss of consortium, and punitive damages....more

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Door Manufacturer’s Motion to Dismiss Denied

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Court: Supreme Court of New York, New York County In this asbestos action, defendant T.M. Cobb moved to dismiss plaintiff James Witte’s complaint against them for lack of personal jurisdiction. T.M. Cobb argued that it did...more

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Product Manufacturer and Supplier’s Motion to Dismiss on Personal Jurisdiction Grounds Denied

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Court: Superior Court of California, County of Los Angeles - In this asbestos action, plaintiffs James Manns, David Papworth, Carie Edwards, Shauna Papworth, Jami Hoffman, and Robee Green filed this action alleging Debra...more

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

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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

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Denial of Talc Defendant’s Motion to Dismiss for Lack of Personal Jurisdiction Reversed on Appeal

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Court of Appeal of Florida, Fourth District - The plaintiffs, John and Joanne Fleemin, filed the instant products liability lawsuit against numerous defendants, including Lornamead, Inc., a Delaware corporation with its...more

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3rd Circuit Rejects Johnson & Johnson’s Effort To Set Up Subsidiary In Bankruptcy Court To Resolve Talc Asbestos Claims

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On January 30, 2023, the Third Circuit dismissed Johnson & Johnson (J&J)’s subsidiary LTL’s Chapter 11 bankruptcy petition because the facts did not support the financial distress required for the entity’s good faith filing...more

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Plaintiffs Allowed Additional Discovery to Establish Personal Jurisdiction over Hydraulic-Pump Defendant

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Court: United States District Court for the Eastern District of North Carolina, Western Division - Plaintiffs William Weaver and Judy Weaver filed suit, claiming that William Weaver was exposed to the defendants’...more

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PPE Manufacturer’s Motion to Dismiss on Personal Jurisdiction Grounds Denied

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Supreme Court of New York, Appellate Division, First Department, November 2, 2022 - In this asbestos action, Steel Grip Inc., a personal protective equipment manufacturer, was sued along with other defendants for decedent...more

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Brake Manufacturer’s Motion to Dismiss on Personal Jurisdiction Grounds Denied

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Superior Court of California, County of Los Angeles, October 6, 2022 - In this asbestos action, Plaintiff George Sweikart alleged that his mesothelioma resulted from exposure to asbestos-containing products, including...more

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Automotive Defendant Obtains Dismissal for Lack of Jurisdiction

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United States District Court for the Southern District of Illinois, July 21, 2022 - In this asbestos action, defendant Honeywell International Inc., f/k/a Allied Signal Inc. as successor-in-interest to The Bendix...more

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First Department Reverses Denial of Valve Manufacturer’s Motion to Dismiss

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Supreme Court of New York, Appellate Division, First Department, June 7, 2022 - In this asbestos case, Crosby Valve LLC (“Crosby”) appealed a June 2021 decision from the New York Supreme Court, New York County, which...more

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Court Grants Equipment Manufacturer’s Motion to Dismiss for Lack of Personal Jurisdiction and Denies Plaintiffs’ Request for...

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State of New York, Supreme Court, County of Monroe, May 16, 2022 - Plaintiffs John and Jayne Gaub commenced an asbestos-related lawsuit on February 22, 2021, against several defendants, including Textron, Inc., sued...more

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