News & Analysis as of

Strict Liability Asbestos Litigation

Goldberg Segalla

Jury Returns Verdict for American Honda in Asbestos Brakes Case

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Jurisdiction: Calif. Super., Los Angeles Co. - Plaintiff Jose Estrada filed suit alleging exposure to asbestos from a variety of products, including automobile parts during his employment at a tire store. Mr. Estrada was...more

Goldberg Segalla

Fed Court Determines Plaintiff’s Complaint Does Not Constitute a “Shotgun Pleading”

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U.S. District Court for the Eastern District of Louisiana - Plaintiff Mallory Ware was diagnosed with lung cancer in May 2020. He alleged his occupational exposure to asbestos and toxic welding fumes caused his illness....more

Goldberg Segalla

Jury Award of $36 Million Affirmed against Contractor

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Court: Court of Appeal of Louisiana, Fourth Circuit - In this asbestos action, plaintiff William Walker alleged asbestos exposure from working as a pipefitter and welder for Level 3 Holdings Inc. f/k/a Peter Kiewit &...more

Goldberg Segalla

Shipyard Defendant Granted Partial Summary Judgment on Plaintiff’s Non-Employee Exposure Claims

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United States District Court for the Eastern District of Louisiana - From 1972 to 1975, plaintiff Frank P. Ragusa Jr. operated a cherry picker at Avondale Shipyards as an employee of Huntington Ingalls, Inc. He then...more

Goldberg Segalla

Partial Summary Judgment Granted to Insurer Under Professional Vendor Analysis

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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

Plaintiff’s Expert precluded from offering testimony on whether Supplier can be Considered a Manufacturer

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United States District Court for the Eastern District of Louisiana, July 20, 2022 - In this asbestos action, decedent Callen Cortez was diagnosed with mesothelioma following occupational and take-home exposure to...more

Goldberg Segalla

Grant of Summary Judgment to Premises/Employer Defendant Upheld on Appeal

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Superior Court of Pennsylvania, June 23, 2022 - In this asbestos action, decedent John Wheeler alleged asbestos exposure from his work as a millwright at a U.S. Steel (USX) plant. Wheeler’s co-workers testified in this...more

Goldberg Segalla

Plaintiffs Judgment Against Joint Compound Manufacturer Affirmed on Appeal

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Court of Appeals of Washington, Division One, February 22, 2022 - The plaintiffs, Raymond Budd and his wife, sued Kaiser Gypsum Company, Inc. (Kaiser) and others for damages, alleging that Kaiser’s joint compound product...more

Fox Rothschild LLP

PA Supreme Court Ruling Reshapes How Asbestos Liabilities Are Apportioned

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A recent Pennsylvania Supreme Court decision holds that, in strict liability asbestos cases, damages are now to be split per capita among defendants, while bankruptcy trusts may be included on the verdict sheet to bring more...more

White and Williams LLP

Unfair Shares: PA Supreme Court Mandates Per Capita Allocation Among Liable Product Defendants and Settled Parties

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The Pennsylvania Supreme Court has issued a tort decision with far-reaching implications for all manufacturers and sellers of products throughout the state. Absent further legislation beyond the 2011 Fair Share Act, liable...more

White and Williams LLP

Supreme Court of Pennsylvania to Evaluate Seminal Roverano Decision

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Due to the groundbreaking nature of the Superior Court of Pennsylvania’s opinion in Roverano v. John Crane, Inc., it is unsurprising that the Supreme Court of Pennsylvania has now agreed to review the Fair Share Act’s impact...more

Husch Blackwell LLP

Fifth Circuit Sets Bright Line Rule For Timing Requirement Under Federal Officer Removal Statute

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In January 2018, a three-judge panel on the U.S. Court of Appeals for the Fifth Circuit vacated a district court’s remand of an asbestos case to state court for being untimely, based on a federal officer removal statute, 28...more

Husch Blackwell LLP

An Analysis Of The Pennsylvania Fair Share Act And Its Application To Asbestos Litigation, In Light Of The Recent Ruling In...

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In December, the Pennsylvania Superior Court ruled that the Fair Share Act applies to asbestos litigation, meaning that defendants are only responsible for the percent they are found liable. See Roverano v. John Crane, Inc.,...more

Husch Blackwell LLP

Fifth Circuit Sets Bright Line Rule For Timing Requirement Under Federal Officer Removal Statute

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In January 2018, a three-judge panel on the U.S. Court of Appeals for the Fifth Circuit vacated a district court’s remand of an asbestos case to state court for being untimely, based on a federal officer removal statute, 28...more

Husch Blackwell LLP

An Analysis Of The Pennsylvania Fair Share Act And Its Application To Asbestos Litigation, In Light Of The Recent Ruling In...

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In December, the Pennsylvania Superior Court ruled that the Fair Share Act applies to asbestos litigation, meaning that defendants are only responsible for the percent they are found liable. See Roverano v. John Crane, Inc.,...more

Miles & Stockbridge P.C.

Confirmation from Pennsylvania Superior Court: The Fair Share Act Applies to Strict Liability Cases Involving Asbestos Exposure

As a matter of first impression, the Pennsylvania Superior Court recently held that the Fair Share Act applies to strict liability cases involving asbestos exposure. In Roverano v. John Crane, Inc., 2017 PA Super. 415 (Dec....more

Steptoe & Johnson PLLC

PA Superior Court Answers Question of Whether Fair Share Act Applies to Strict Liability Asbestos Claims

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On December 28, 2017, the Pennsylvania Superior Court published an anticipated ruling on whether the Pennsylvania Fair Share Act, 42 Pa. C.S. 7102, applies to strict liability claims in the context of an alleged...more

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