News & Analysis as of

Occupational Exposure Evidence

Goldberg Segalla

Defendant’s Motion for Summary Judgment Granted Based on Expert Preclusion

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Jurisdiction: United States District Court for the Southern District of New York - Plaintiff Scott Keller alleged that he was exposed to asbestos during his employment on ExxonMobil Oil Company vessels and that he developed...more

Husch Blackwell LLP

Texas Court Upholds Summary Judgment in Silica Case

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The Texas Fourteenth Court of Appeals upheld summary judgment for Exxon Mobil corporation in Stanley Cole v. Exxon Mobil Corp. (No. 14-22-00756-CV), a premises liability case involving alleged exposure to olivine dust. The...more

Faegre Drinker Biddle & Reath LLP

Foundation, Not Façade — The Fifth Circuit Affirms the Proper Basis Requirement for Admissibility of Expert Opinions in Newsome v....

In a toxic tort case, plaintiffs must establish general causation. If a substance is incapable of causing the type of injury plaintiff claims, then it certainly didn’t cause theirs. Under Texas law, toxic tort plaintiffs must...more

Goldberg Segalla

Boiler Manufacturer’s Motion for Summary Judgment Denied

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Supreme Court of New York, New York County (NYCAL) - In this asbestos action, plaintiff Thomas Bassier alleged that he suffered injury as a result of exposure to asbestos-containing products manufactured by various companies...more

Goldberg Segalla

Pump Manufacturer’s Motion for Summary Judgment Denied

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Court: Supreme Court of New York, New York County - Defendant Milton Roy LLC filed a motion for summary judgment on the grounds that the plaintiff failed to identify Milton Roy as a manufacturer of any asbestos-containing...more

Goldberg Segalla

Supplier Defendant Succeeds in Opposing Punitive Damages

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Superior Court of California, County of Los Angeles - In this asbestos action, the court considered various defense motions. Defendant Western Auto Supply company filed a request opposing punitive damages, arguing...more

Fisher Phillips

Does Trump’s COVID-19 Case Need To Be Reported To OSHA? What Employers Can Learn From President’s Illness

Fisher Phillips on

President Donald Trump’s recent hospitalization at the Walter Reed Medical Center has captured the American public’s attention, especially given the potential implications with the election less than a month away. But for...more

Steptoe & Johnson PLLC

PA Superior Court Permits Incomplete Deposition Testimony and Affidavit of “Unavailable Witness” to oppose Summary Judgment in...

Steptoe & Johnson PLLC on

In an October 28, 2019 Opinion of a three-judge panel, the Pennsylvania Superior Court in Joyce E. Kardos, Executrix of the Estate of Nicholas J. Kardos, deceased, and Joyce E. Kardos, in her own right, v. Armstrong Pumps,...more

Cranfill Sumner LLP

NC Supreme Court Declines Review of Court of Appeal Decision requiring Expert Evidence in Occupational Disease Claims

Cranfill Sumner LLP on

On September 20, 2018 the Supreme Court declined a petition for discretionary review of the North Carolina Court of Appeals decision in the matter of Briggs v. Debbie’s Staffing, Inc., 812 S.E.2d 706, 707 (N.C. Ct. App.),...more

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