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Genuine Issue of Material Fact Asbestos

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Grant of Summary Judgment to Brake Manufacturer Reversed on Appeal

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Court: Court of Appeal of Florida, First District - The decedent, Joan Smith, died from mesothelioma allegedly caused by secondary exposure to asbestos through laundering her husband’s work clothing. From 1969 through...more

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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

Maron Marvel

Recent Pennsylvania Superior Court Decisions Pose Challenges for Defendants in Asbestos Cases

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The Pennsylvania Superior Court recently issued two decisions that present challenges to defendants in prevailing at summary judgment in asbestos cases....more

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Maritime Defendants’ Motions for Summary Judgment under Government Contractor Defense Denied

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Court: United States District Court for the Northern District of California - This asbestos-related lawsuit alleges that the decedent, Roberto Elorreaga, developed mesothelioma from exposure to asbestos-containing...more

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Pump Manufacturer’s Motion for Summary Judgment Denied

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Supreme Court of New York, New York County - Plaintiff Jane Wixted, individually and as executrix of the estate of decedent Thomas Wixted, filed the instant lawsuit claiming that the decedent was exposed to asbestos in...more

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Grant of Summary Judgment to Employer Defendants Reversed on Appeal

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Jurisdiction: Superior Court of Pennsylvania - Richard and Pamela Shellenberger filed a lawsuit to recover damages from several defendants, including Mr. Shellenberger’s employers — Kreider Dairy Farms Inc. and Noah W....more

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Summary Judgment Denied as Court Finds Issues of Material Fact in Shipbuilder’s Claim

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United States District Court for the Eastern District of Louisiana, September 23, 2022 - In April 2020, Paul Hotard (“decedent”) received a mesothelioma diagnosis despite never handling or working with asbestos-containing...more

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Summary Judgment Affirmed for Trailer Manufacturer

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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

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Carpentry Subcontractor Not a ‘Manufacturer’; Obtains Partial Summary Judgment

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United States District Court for the Eastern District of Louisiana, September 8, 2022 - Plaintiff Ora Jean Adams alleges she developed lung cancer from secondhand asbestos exposure from laundering the clothing of her...more

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

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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

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Joint Compound Supplier’s Motion for Summary Judgment Denied; Corporate Representative’s Testimony Inadmissible

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Supreme Court of New York, New York County, June 15, 2022 - In this asbestos action, decedent Anastasios Katechis alleged exposure to asbestos from joint compound he used as a painter for Mamais Construction from 1967 to...more

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Multiple Defendants Successful on Motions for Summary Judgment on Plaintiffs’ Intentional Tort and Fraud Claims

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U.S. District Court for the Eastern District of Louisiana, July 25, 2022 - As previously reported on the Asbestos Case Tracker, this matter stems from decedent Callan Cortez’s take-home exposure to asbestos, from his...more

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Court Dismisses Plaintiffs’ International Tort Claim Against Outside Contractor; Finds Issues of Fact For Jury on Outside...

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United States District Court for the Eastern District of Louisiana, June 8, 2022 - In April 2022, Hopeman filed the instant motion for partial summary judgment arguing that the plaintiffs’ intentional tort claim must be...more

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

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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

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

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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

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Electrical Equipment Manufacturer’s Motions to Preclude Expert Testimony and for Summary Judgment Denied

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U.S. District Court for the Southern District of New York, March 28, 2022 - In this asbestos action, plaintiff Arnold Pritt alleged that he was exposed to asbestos during his service in the U.S. Navy, and over the course...more

Maron Marvel

Delaware High Court Upholds Burden-Shifting Requirement for Summary Judgment in Asbestos Cases Under Delaware Law

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The Delaware Supreme Court ruled on March 28, 2022, that Delaware’s burden-shifting requirement, known as “Stigliano,” for deciding summary judgment is a “proper framework” in asbestos exposure cases, however, the particular...more

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Electric Product Manufacturer Successful on Summary Judgment After Court Finds No Evidence of Exposure to Defendant’s Products

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U.S. District Court for the Eastern District of Louisiana, March 14, 2022 -                The plaintiff, Marsha Roussell, filed an asbestos-related lawsuit alleging that she was secondarily exposed to asbestos via work...more

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Summary Judgment Affirmed and Reversed for Three Premises Defendants Relating to Several Duty Issues

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In this asbestos action, plaintiff Kevin Sinyard developed malignant pleural mesothelioma following a 25-plus year career as a pipefitter. Sinyard commenced an asbestos-related action against several defendants. Three of the...more

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