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Summary Judgment Cancer

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

Court Denies Motions for Summary Judgment for Valve and Pump Manufacturers

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Jurisdiction: Supreme Court of New York, New York County - Plaintiff Robert L. Toth worked at various Consolidated Edison powerhouses from 1961 to 1991 as a sheet metal worker. He was diagnosed with lung cancer in 2019 and he...more

Goldberg Segalla

Plaintiff Opposes and Succeeds on Defendant’s Motion for Summary Judgment

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Jurisdiction: Supreme Court of New York, New York County - Defendant Kennedy Electrical Supply Corp. moved for summary judgment seeking to dismiss this action on the grounds that plaintiff was not exposed to asbestos from any...more

Goldberg Segalla

Air Compressor Manufacturer’s Motion for Summary Judgment Denied

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Court: Supreme Court of New York, New York County - Defendant Campbell Hausfeld LLC filed a motion for summary judgment on the basis that no Campbell product had been identified in connection with the plaintiff’s lung...more

Goldberg Segalla

Gasket Manufacturer Denied Summary Judgment in NYCAL

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Court: Supreme Court of New York, New York County - In this asbestos action, defendant Goodyear moved for summary judgment, arguing that asbestos exposure from its sheet gaskets could not have caused plaintiff Robert...more

Faegre Drinker Biddle & Reath LLP

The Zantac Rule 702 Order: TLBR (Too Long, But Read)

On opening an opinion, lawyers habitually roll their eyes when they see a table of contents. Even more so when they learn the opinion is over 300 pages. The MDL order granting defense motions to exclude experts and for...more

Harris Beach PLLC

Update to Legal Alert: Summary Judgment Reversed In Toxic Tort Matter Involving Bladder Cancer and Exposure to O-Toluidine

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We previously wrote about a federal magistrate judge’s report and recommendation denying exclusion of Plaintiffs’ specific causation expert and granting Defendants’ motions for summary judgment in a toxic tort suit arising...more

Faegre Drinker Biddle & Reath LLP

Southern District of Texas Holds Learned Intermediary Doctrine Applies to Clinical Trials

Does the learned intermediary doctrine apply in the context of a clinical trial? According to the Southern District of Texas, it does. The case in question is Butler et al. v. Juno Therapeutics, Inc., a tragic case...more

Harris Beach PLLC

Summary Judgment Denied In Toxic Tort Matter Involving Bladder Cancer and Exposure to O-Toluidine

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A New York federal court recently issued a recommended decision denying Defendants’ motions for summary judgment in a toxic tort case involving workplace exposure to ortho-toluidine (“o-toluidine” or “OT”), an aromatic amine...more

Steptoe & Johnson PLLC

Has the Gate Swung Open? – Recent PA Frye Ruling

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The Pennsylvania Superior Court recently issued an opinion in Walsh v. BASF Corp. addressing the gatekeeper role of the trial judge when reviewing and ruling on the admissibility of expert causation opinions. The PA Superior...more

Bradley Arant Boult Cummings LLP

Voluntarily Sharing Family’s Cancer History Bars GINA Claims, Court Holds

GINA—that elusive law about employers collecting genetic information that rarely comes up. What if an employee voluntarily shares his genetic history—can he turn around and claim his employer improperly acquired the genetic...more

K&L Gates LLP

New Jersey Court Rules Talcum Powder Claims Not Supported by Science

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Talcum powder has been widely used as a cosmetic and bath product by Americans for well over a century. In recent years, claims have been asserted that talcum powder causes certain forms of ovarian cancer. This has resulted...more

Haight Brown & Bonesteel LLP

Plaintiff’s Mere Presence in Area Where Asbestos is Present Insufficient to Establish Bystander Exposure

In Schiffer v. CBS Corporation (filed 9/9/15; modified 9/30/15), the California Court of Appeal, First Appellate District, affirmed summary judgment in favor of the defendant asbestos insulation manufacturer finding...more

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