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Causation Asbestos

Goldberg Segalla

Motion for Summary Judgment Denied as Defendant Failed to Prove Lack of Causation

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Jurisdiction: Supreme Court of New York, New York County - Plaintiff John P. Reeves alleges asbestos exposure from, among other things, the asbestos-containing caulk of defendant DAP Inc. while serving in the U.S. Navy aboard...more

Goldberg Segalla

Talc Defendant Unsuccessful on Summary Judgment

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Jurisdiction:  Supreme Court of New York, New York County - Plaintiff Lita Goldstein was diagnosed in March 2022 with mesothelioma. She initiated a suit against several defendants in May 2022, including Kolmar Laboratories...more

McCarter & English, LLP

New York Appellate Ruling in Talc Case Has Implications on Choice of Law Inquiry in Toxic Tort Matters

The New York Appellate Division, First Department issued an important ruling on May 21, 2024, in In Re: New York City Asbestos Litigation, Patricia Rasso, as independent executor of The Estate of Linda English, deceased v....more

Goldberg Segalla

Appellate Court Reverses Premise Defendant’s Summary Judgment Ruling

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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

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

Goldberg Segalla

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

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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

Motion for Summary Judgment of Valve Manufacturer Denied

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Plaintiff-Decedent John Gonder alleged exposure to asbestos during his employment as a Con Edison inspector between the 1970s and 1990s. He died in May 2021 at 86 years old from lung cancer. Defendant Jenkins Bros. filed a...more

Goldberg Segalla

Talc Defendant Denied Summary Judgment in NYCAL

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Court: Supreme Court of New York, New York County - In this talc action, plaintiff Christina Thomas alleged she was exposed to asbestos from products manufactured by defendant Port Jervis Laboratories Inc., s/h/a Kolmar...more

Goldberg Segalla

Tile Manufacturer Denied Summary Judgment in NYCAL

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Court: Supreme Court of New York, New York County - In this asbestos action, plaintiff Peter Marino alleged he was exposed to asbestos from floor tiles manufactured by defendant, The Goodyear Tire & Rubber Company. Goodyear...more

Goldberg Segalla

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

Goldberg Segalla

Floor Tile Manufacturer’s Motion for Renewal Denied on Causation Ground

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Court: Supreme Court of New York, New York County - Defendant Mannington Mills Inc. moved for renewal of its previously denied motion for summary judgment, arguing the New York Court of Appeals’ Nemeth decision has since...more

Goldberg Segalla

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

Goldberg Segalla

Engine Defendant’s Motions for Summary Judgment Denied

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Court: Supreme Court of New York, New York County - Defendant Perkins Engines Inc. filed motions for summary judgment in two actions, Frederick and Nankervis. In Frederick, Perkins filed its motion based upon a lack of...more

Goldberg Segalla

Flooring Defendant Denied Renewal of Two Previous Summary Judgment Decisions

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Supreme Court of New York, New York County - In two asbestos actions (Avakian and Layton), defendant Mannington Mills moved to renew its summary judgment motion. Mannington contends that there was a subsequent change in the...more

Goldberg Segalla

NJ Appellate Court Reverses $223.8 J&J Talc Verdict on Causation Grounds

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Court: The Superior Court of New Jersey, Appellate Division - Johnson & Johnson has successfully appealed a $223.8 judgment against it following a trial involving allegations of asbestos-contaminated talcum powder in...more

Goldberg Segalla

HVAC Defendant Summary Judgment Motion on Causation Grounds Denied

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Court: Supreme Court of New York, New York County (NYCAL) - In this asbestos action, defendant SPX Cooling Technologies Inc., individually and as successor to Marley Cooling Technologies Inc., moved for summary judgment,...more

Goldberg Segalla

Court Denies Post-Trial Motions Following Plaintiff’s Verdict

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Supreme Court of New York, New York County; August 28, 2023 - This matter involved plaintiff James McWilliams, who worked as a steamfitter from 1960 until his retirement in 1996. He claimed that his work consisted of...more

Dechert LLP

Dechert Re:Torts - Issue 8 | Key Developments in Product Liability and Mass Torts

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Advances in Videoconferencing Do Not Change the Subpoena Power of the Court - In In re Kirkland, 2023 WL 4777937 (9th Cir. July 27, 2023), the Ninth Circuit held that a district court could not subpoena testimony outside the...more

Goldberg Segalla

Supplier’s Motion for Summary Judgment on Causation Denied

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Court: Supreme Court of New York, New York County - In this asbestos action, defendant Dykes Lumber moved for summary judgment, arguing it established a prima facie case for lack of causation under Nemeth v. Brenntag....more

Goldberg Segalla

Partial Exclusion of Expert Opinion Leads to Summary Judgment for Talc Defendant

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Court: Superior Court of Arizona, Maricopa County - In this asbestos action, plaintiff Jeffrey Weiss alleges that he developed mesothelioma as a result of his use of various brands of talcum powder products from 1979 to...more

Goldberg Segalla

Asbestos Supplier’s Motion for Summary Judgment Denied on Causation Grounds

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U.S. District Court for the Eastern District of Pennsylvania - The plaintiff’s decedent, Alfred Broderick, was allegedly diagnosed with asbestosis in March 2018, which he claimed was caused by exposure to asbestos. Mr....more

Goldberg Segalla

Talc Supplier’s Motion for Summary Judgment Denied as to Causation, Granted as to Punitive Damages

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Court: Supreme Court of New York, Erie County - In this asbestos matter, plaintiffs claimed that decedent, Jeffrey Campise, was exposed to asbestos through consumer talcum powder products. Plaintiffs filed suit against a...more

Goldberg Segalla

Court Denies, in Part, Plaintiffs’ Appeal of Summary Judgment for Various Defendants

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Jurisdiction: Court of Appeal of Louisiana, Fourth Circuit - In April 2018, Emily Everett complained to her primary care physician of severe abdominal swelling.  After extensive workup, Everett received a diagnosis of...more

Goldberg Segalla

Joint Compound Manufacturer Files Appeal of $15M Verdict: Key Issues on Appeal

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As previously reported in the Asbestos Case Tracker here, in June 2022 a jury awarded plaintiff Munir Seen $15 million, allocating 70 percent of the fault to joint compound manufacturer Kaiser Gypsum. Following the trial,...more

Husch Blackwell LLP

NYCAL Court Upholds $15M Asbestos Verdict, Appeal Imminent after Denial of Joint Compound Defendant’s Post-Trial Motions

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On March 16, 2023, the New York City Asbestos Litigation (NYCAL) Court denied Defendant Kaiser Gypsum’s post-trial motions following a $15M plaintiffs’ verdict in the matter of Munir Seen, New York Supreme Court, New York...more

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