News & Analysis as of

Toxic Exposure Motion for Summary Judgment

Goldberg Segalla

Defendant’s Motion for Summary Judgment Denied Due to Conclusory Affidavits

Goldberg Segalla on

Jurisdiction: Supreme Court of New York, New York County - DAP filed a motion for summary judgment by arguing plaintiff cannot sufficiently demonstrate DAP’s exposed him to asbestos. DAP contends that it did not manufacture...more

Goldberg Segalla

Motion for Summary Judgment of Valve Manufacturer Denied

Goldberg Segalla on

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

Plaintiff’s Expert Precluded under Rule 702, Talc Defendant’s Motion for Summary Judgment Granted

Goldberg Segalla on

4th Circuit US District Court - Plaintiff Patricia McElroy claimed asbestos exposure via talc-based beauty products from varying brands and asserted a cause of action based upon negligence and product liability, including...more

Goldberg Segalla

Pipe Manufacturer Denied Summary Judgment in NYCAL

Goldberg Segalla on

Supreme Court of New York, New York County - In this asbestos action, decedent Rudolf Horvath alleged that he was exposed to asbestos from Bondstrand pipes manufactured by the defendant, Ameron International. Ameron moved...more

Goldberg Segalla

Court Denies Defendant’s Motion for Summary Judgment

Goldberg Segalla on

Jurisdiction: Supreme Court of New York, New York County - In this matter, Rockwell Automation, Inc. sought to dismiss the action against them on grounds that the plaintiff was not exposed to asbestos from burners...more

Goldberg Segalla

Power Companies’ Motion for Summary Judgment Denied

Goldberg Segalla on

Court: Supreme Court of New York, New York County Long Island Lighting Company (LILCO) is a subsidiary of Long Island Power Authority (LIPA). LIPA was created “to remedy LILCO’s conduct as a private electric provider” by...more

Goldberg Segalla

Water Heater Manufacturer Denied Summary Judgment as Corporate Representative Affidavit Deemed Insufficient

Goldberg Segalla on

Court: Supreme Court of New York, New York County - In this asbestos action, decedent Christopher Yohe alleged exposure to asbestos from Bradford White water heaters while working as a plumber from the 1980s to the 2000s....more

Goldberg Segalla

Plaintiff’s Action for Mesothelioma Barred by Res Judicata Due to Language in Prior Release

Goldberg Segalla on

U.S. District Court for the Eastern District of Louisiana - In this asbestos action, decedent Felton Robichaux alleged occupational exposure to asbestos at the Avondale Shipyards from 1961 until 1979...more

Goldberg Segalla

Printing Press Manufacturer’s Motion for Summary Judgment Denied

Goldberg Segalla on

Supreme Court of the State of New York, New York County Plaintiff Jean Castagna filed suit against a number of defendants, including Komori America Corporation, alleging exposure to asbestos during his employment with Martin...more

Goldberg Segalla

Questions of Fact Split Summary Judgment for Valve Defendants

Goldberg Segalla on

U.S. District Court for the Western District of Washington - In this asbestos action, the plaintiff alleges that decedent David Welch’s mesothelioma was caused by his exposure to asbestos from his service in the U.S. Navy...more

Goldberg Segalla

General Contractor’s Motion for Summary Judgment Denied

Goldberg Segalla on

Court Jurisdiction: Supreme Court of the State of New York, New York County (NYCAL) - In this asbestos case, decedent, Richard Robinson passed away immediately after the commencement of the instant action. One of the...more

Goldberg Segalla

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

Goldberg Segalla on

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

Goldberg Segalla on

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

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

Goldberg Segalla on

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

Goldberg Segalla

Engine Company’s Motion to Renew Summary Judgment on Causation Grounds Denied

Goldberg Segalla on

Supreme Court of New York, Nassau County - Defendant Perkins Engine, Inc. moved to renew a court order denying its motion for summary judgment. A motion for leave to renew or reargue is based on new facts not offered on...more

Goldberg Segalla

Asbestos Distributor Defendant Obtains Summary Judgment Due to Lack of Identification

Goldberg Segalla on

United States District Court for the Eastern District of Louisiana, Jan. 13 Plaintiff Glen King  alleged that his exposure to asbestos during the course of his employment with the United States Navy, Louisiana State...more

Goldberg Segalla

Asbestos Year in Review: Punitive Damages in Asbestos Litigation

Goldberg Segalla on

In asbestos litigation, it is common for plaintiffs to demand punitive damages, alleging that the conduct of some or all of the defendants was so egregious that the defendants must pay exemplary damages. Unlike compensatory...more

Goldberg Segalla

Gasket Manufacturer’s Motion for Summary Judgment Denied in Take Home Exposure Case

Goldberg Segalla on

Plaintiff Edith Niedert alleged that she developed lung cancer as a result of her exposure to asbestos from laundering the clothing of her husband, Paul Niedert. From 1956 to 1993, Mr. Niedert was employed as a plumber and...more

Goldberg Segalla

Floor Tile Manufacturer’s Motion for Summary Judgment Denied

Goldberg Segalla on

Plaintiff Paul M. Moutal was diagnosed with lung cancer in January 1999 and alleged that his lung cancer resulted from exposure to asbestos from his time as a handyman, laborer, and carpenter in the 1960s and 1970s. During...more

Goldberg Segalla

Appellate Division Reverses Trial Court’s Denial of Dismissal of Punitive Damages Claim

Goldberg Segalla on

Supreme Court of New York, Appellate Division, First Department - Plaintiffs Victor Arana and Romeo Maffei, both allege asbestos exposure from working with asbestos cement pipe previously distributed by the defendant, J-M...more

Goldberg Segalla

Boiler Manufacturer Directed to Appear for Punitive Damages Deposition

Goldberg Segalla on

Supreme Court of New York, Appellate Division, First Department - In this asbestos action, Defendant Burnham (“Burnham”) moved to vacate the NYCAL Special Master’s ruling directing Burnham to appear for a deposition with...more

Goldberg Segalla

Retail Distributer’s Motion for Summary Judgment on Product-Identification Grounds Denied

Goldberg Segalla on

Superior Court of California, County of Sacramento, November 9, 2022 - In this asbestos matter, the plaintiffs alleged that the decedent, Gail Chandler, developed mesothelioma as a result of exposure to...more

Goldberg Segalla

Automotive Defendant’s Motion for Summary Judgment Fails as Issues of Fact Remain on Causation and Punitive Damages

Goldberg Segalla on

Supreme Court of New York, Erie County, October 6, 2022 - In this asbestos action, Plaintiff Joseph Skrzynski alleged that he developed malignant mesothelioma as a result of occupational exposure to asbestos from brakes...more

Goldberg Segalla

Plaintiff unable to provide any legitimate evidence against motions for summary judgment

Goldberg Segalla on

United States District Court of the District of Nevada, September 19, 2022 - The plaintiff commenced this action in early 2020 by filing his Complaint against 13 defendants.  He suffers from mesothelioma and alleged...more

Husch Blackwell LLP

Federal Court Tosses Fifteen-Year-Old Lead Paint Personal Injury Lawsuit

Husch Blackwell LLP on

On March 2, 2022, a Wisconsin federal judge dismissed Burton v. Am. Cyanamid Co., No. 07-C-0303, 2022 WL 623895 (E.D. Wis. Mar. 2, 2022), a lingering fifteen-year personal injury litigation against lead-based paint...more

31 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide