News & Analysis as of

Asbestos Take-Home Exposure

Husch Blackwell LLP

Washington Court Finds No Take-Home Exposure in Asbestos Bench Trial

Husch Blackwell LLP on

In Perkins v. United States, Plaintiff Tristan Perkins sued the United States under the Federal Tort Claims Act (“FTCA”) for her mother Geraldine Perkins’ (“Decedent”) alleged wrongful death due to asbestos exposure. Alleging...more

Goldberg Segalla

Court Rules in Favor of Defendant in Asbestos Action for Lack of Causation

Goldberg Segalla on

Jurisdiction: United States District Court for the Western District of Washington - Plaintiff claimed decedent Geraldine Rabb Perkins had asbestos exposure resulting in her diagnosis of mesothelioma. Plaintiff specifically...more

Goldberg Segalla

Court Denies Plaintiff’s Attempt to Reinstate Prior Claim of Post 1969 Exposure

Goldberg Segalla on

U.S. District Court for the Eastern District of Louisiana - Plaintiff Robert Stephen Sentilles was diagnosed with mesothelioma in October 2020. He filed his suit asserting negligence and strict liability claims against...more

Goldberg Segalla

Plaintiffs’ Appeal to Reverse Defendants’ Daubert Motion In Limine was Granted

Goldberg Segalla on

Court of Appeal of Louisiana, Fourth Circuit - In this action, plaintiff Climmie Craft filed suit in this matter asserting that she contracted asbestos-related lung cancer as a consequence of her take-home exposure to...more

Goldberg Segalla

Court Rejects Motion to Remand Asbestos Exposure Case to State Court

Goldberg Segalla on

Jurisdiction: United States District Court for the Eastern District of Louisiana - Plaintiff Irma Lee LaGrange filed a motion in this asbestos action seeking the court to decline supplemental jurisdiction and remand to state...more

Goldberg Segalla

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

Goldberg Segalla on

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

Goldberg Segalla

Defendants Unsuccessful On Motions to Preclude Experts and Summary Judgment

Goldberg Segalla on

United States District Court for the Eastern District of Louisiana - In ACT’s continuing coverage of the Robichaux matter, Felton Robichaux filed suit in Civil District Court for the Parish of Orleans against a number of...more

Husch Blackwell LLP

Louisiana Appellate Court Affirms $10.35M Verdict Based on Take-Home Asbestos Exposure

Husch Blackwell LLP on

On January 5, 2023, a Louisiana appellate court issued a divided opinion that addressed the nature of take-home asbestos claims. Pete v. Bolan Marine & Manufacturing Co., LLC, 2021-0626 (La. App. 4 Cir. 1/5/23), 2023 La. App....more

Goldberg Segalla

Motion to Remand Denied as Defendant’s Removal Timely Under Federal Officer Removal Statute

Goldberg Segalla on

Court: United States District Court for the Eastern District of Louisiana - In this asbestos action, decedent Gayle LeBeau alleged take-home exposure to asbestos from her father and brother’s work at the Avondale...more

Goldberg Segalla

Partial Summary Judgment Granted, Rejecting Government Immunity Defense of Shipyard defendants

Goldberg Segalla on

United States District Court for the Eastern District of Louisiana - Plaintiff Linda Crossland alleged take-home exposure to asbestos from her husband’s clothing while he was employed at the Avondale Shipyards, where he...more

Goldberg Segalla

Government Contractor Defense Inapplicable to Plaintiff’s Failure to Warn and Prevent the Spread of Asbestos Claims

Goldberg Segalla on

United States District Court for the Eastern District of Louisiana, October 12, 2022 - In this asbestos action, Plaintiff Ruby Lee Marie Falgout (“Plaintiff”) alleged take-home exposure from laundering her husband’s...more

Goldberg Segalla

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

Goldberg Segalla on

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

Goldberg Segalla

Summary Judgment Not Warranted Where Issues of Material Fact Exist on Successor-Liability Issues

Goldberg Segalla on

Supreme Court of New York, County of Erie , August 25, 2022 - In this asbestos action, plaintiff Eric Cislo alleged take-home exposure to asbestos from his father’s work with Bison boilers from 1969 until the early...more

Goldberg Segalla

Partial Summary Judgment Granted to Insurer Under Professional Vendor Analysis

Goldberg Segalla on

United States District Court for the Eastern District of Louisiana, July 28, 2022 - As previously reported in the Asbestos Case Tracker, decedent Callen Cortez alleged direct occupational exposure to asbestos, as well as...more

Goldberg Segalla

Plaintiffs’ Motion to Exclude Defense Expert’s Hearsay Statements Granted

Goldberg Segalla on

United States District Court for the Eastern District of Louisiana; July 18, 2022 - Plaintiffs filed an asbestos-related lawsuit on behalf of Decedent, Callan Cortez, alleging that Mr. Cortez contracted mesothelioma as a...more

Goldberg Segalla

Plaintiffs’ Motion to Remand Granted Due to Railroad Company Defendant’s Untimely Motion for Removal  

Goldberg Segalla on

United States District Court for the Eastern District of Wisconsin , July 13, 2022 - Plaintiffs Trisha and David Babler filed a lawsuit to recover damages Trisha allegedly sustained as a result of “take-home” asbestos...more

Goldberg Segalla

Multiple Defendants Obtain Summary Judgment on Claims of Take-Home Plaintiff

Goldberg Segalla on

U.S. District Court for the Western District of Pennsylvania, May 27, 2022 - In this matter, the plaintiffs allege that decedent Shirley Hilster was exposed to asbestos from contact with her husband’s work clothes and...more

Goldberg Segalla

Employer Defendant Successful on Summary Judgment, Except for Claims of Take-Home Exposure

Goldberg Segalla on

The plaintiff, Callen Cortez, was diagnosed with mesothelioma on June 2, 2020. On July 1, 2020, he filed an asbestos-related lawsuit against Avondale and approximately thirty-four other defendants, alleging that he contracted...more

Maron Marvel

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

Maron Marvel on

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

Husch Blackwell LLP

Toxic Tort Monitor: District Court Of Colorado Recognizes “Take-Home” Exposure Claim

Husch Blackwell LLP on

Recently, the U.S. District Court for the District of Colorado recognized a defendant’s potential liability based on take-home exposure. In Mestas v. Air & Liquid Systems Corporation et. al., No. 18-cv-01006, Plaintiff...more

Blank Rome LLP

The Next Wave of Asbestos Litigation: Examining the Duty of Care in Take-Home/ Secondary Asbestos Exposure Claims

Blank Rome LLP on

The Rise of Take-Home or Secondary Exposure Asbestos Claims - Take-home asbestos claims are asserted by or on behalf of individuals who claim an asbestos-related injury arising from exposure to asbestos fibers through...more

Husch Blackwell LLP

Supreme Court Of Virginia Recognizes Employer Liability For “Take Home” Exposure

Husch Blackwell LLP on

Recently, a divided Supreme Court of Virginia, in a 4-3 decision, recognized an employer’s liability for “take home” exposure. In Quisenberry v. Huntington Ingalls Inc., 818 S.E.2d 805 (Va. 2018), the Supreme Court held that...more

Husch Blackwell LLP

Federal Court In Washington Holds Risks Of Take-Home Asbestos Exposure Were Not Foreseeable Prior To 1955

Husch Blackwell LLP on

In a recent decision of the U.S. District Court for the Western District of Washington, the court held that the dangers of secondary asbestos exposure were not foreseeable in and before 1955. Jack v. Borg-Warner Morse TEC,...more

Husch Blackwell LLP

Delaware Supreme Court Holds That Both Manufacturers And Employers Can Be Liable For Take-Home Exposure

Husch Blackwell LLP on

In Ramsey v. Georgia Southern University Advanced Development Center, et al., C.A. No. N14C-01-287 ASB, Delaware’s Supreme Court reversed the decision of the Superior Court granting summary judgment to manufacturers of...more

Husch Blackwell LLP

Arizona Affirms That Employers Owe No Duty Of Care To Nonemployees

Husch Blackwell LLP on

In its recent decision, the Arizona Supreme Court affirmed the trial court’s grant of summary judgment for defendant Reynolds Metal Company (“Reynolds”), holding that under the State’s laws an employer owed no duty of care to...more

43 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