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Summary Judgment Asbestos Litigation

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Multiple Motions Granted in Part for Summary Judgment and to Strike Evidence

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United States District Court for the Northern District of California - In this wrongful death action, it is claimed that Decedent William Ankiel Jr. had exposure to asbestos-containing equipment during his service aboard a...more

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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

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Talc Defendant Unsuccessful on Summary Judgment

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Jurisdiction:  Supreme Court of New York, New York County - Plaintiff Lita Goldstein was diagnosed in March 2022 with mesothelioma. She initiated a suit against several defendants in May 2022, including Kolmar Laboratories...more

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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

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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

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Valve Manufacturer Fails to Meet Burden for Summary Judgment

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Jurisdiction: Supreme Court of New York, New York County - Defendant Atwood & Morrill Co. Inc. moved for summary judgment to dismiss this action on the grounds that plaintiff Giuseppe Rullo was not exposed...more

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Summary Judgment Denied as to U.S. Navy Ship Product Suppliers; Court Determines Florida Law Applies

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U.S. District Court for the Eastern District of Pennsylvania Plaintiff Leona Rhoades, on behalf of the estate of her husband, Dewey T. Rhoades, commenced this action against a variety of defendants, alleging that their...more

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Talc Defendant’s Motion for Summary Judgment Based on Texas Law Granted on Appeal

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Court: Supreme Court of New York, Appellate Division, First Department - In September 2023, the trial court denied talc defendant Colgate-Palmolive Co.’s motion for summary judgment to dismiss the complaint against it. On...more

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Appellate Court Reverses Premise Defendant’s Summary Judgment Ruling

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Court:  Court of Appeals of Texas, Fourteenth District, Houston - Carolyn and Frank Burford were married from November 1962 until Carolyn’s death in 2015. While married, Frank Buford worked for Alcoa at its aluminum smelter...more

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Pump Manufacturer Obtains Summary Judgment on Causation

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Jurisdiction: United States District Court for the Middle District of North Carolina - Marshall E. Pike worked in the farm-equipment manufacturing and maintenance field for the duration of his 55-year career. This included...more

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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

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Fifth Circuit Affirms District Court Decisions Excluding Appellants’ Experts Reports and Granting Summary Judgment

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Court: United States Court of Appeals for the Fifth Circuit - Plaintiff Harry Marsh worked as a merchant mariner from 1944 to 1992. He was diagnosed with mesothelioma in 2018 and subsequently sued the owner of every vessel he...more

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Texas Appellate Court Reverses Summary Judgment in Take-Home Exposure Case

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Court: Court of Appeals of Texas, Fourteenth District, Houston - In this asbestos action, a Texas Appellate Court reversed and remanded the grant of a no-evidence summary judgment motion as to defendant Howmet Aerospace Inc.,...more

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Motion for Summary Judgment Denied under Sophisticated User and Purchaser Doctrine

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Court: United States District Court for the Eastern District of Louisiana - In this asbestos action, plaintiff Ted Matherne Sr. worked at the Avondale Shipyards. In addition, defendant Hopeman Brothers Inc. placed Micarta...more

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Defendant’s Motion for Summary Judgment Based on Workers’ Compensation Defense Denied

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Jurisdiction: Supreme Court of New York, New York County - Defendant Morse Diesel Inc. filed a motion for summary judgment on the basis that plaintiff Matthew D’Alessio’s claims were barred by New York State Worker’s...more

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Motion for Partial Summary Judgment of Shipyard Subcontractor Granted

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Court: United States District Court for the Eastern District of Louisiana - Defendant Hopeman Brothers Inc. moved for partial summary judgment with respect to plaintiffs’ claims of intentional tort, alter ego, and...more

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Glove Manufacturer Denied Summary Judgment in NYCAL

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Court: Supreme Court of New York, New York County - In this asbestos action, decedent Giacinto Pira alleged he was exposed to asbestos from gloves manufactured by defendant Steel Grip....more

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General Contractor's Motion for Summary Judgment Denied in NYCAL

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Supreme Court of New York, New York County (NYCAL) - In this asbestos action, defendant Arconic, Inc. f/k/a Alcoa, Inc., (Alcoa) moved for summary judgment on the basis that asbestos-containing fireproofing material was...more

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Boiler Manufacturer Denied Summary Judgment in NYCAL

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Court: Supreme Court of New York, New York County - In this asbestos action, decedent Anthony Morale alleged he was exposed to asbestos from boilers manufactured by defendant Fulton Boiler Works. Fulton moved for summary...more

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Talc Defendant Denied Summary Judgment in NYCAL

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Court: Supreme Court of New York, New York County - In this talc action, plaintiff Christina Thomas alleged she was exposed to asbestos from products manufactured by defendant Port Jervis Laboratories Inc., s/h/a Kolmar...more

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Tile Manufacturer Denied Summary Judgment in NYCAL

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Court: Supreme Court of New York, New York County - In this asbestos action, plaintiff Peter Marino alleged he was exposed to asbestos from floor tiles manufactured by defendant, The Goodyear Tire & Rubber Company. Goodyear...more

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Corporate Representative Affidavit Found Insufficient in Connection with NYCAL Summary Judgment Motion

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Court: Supreme Court of New York, New York County - In this asbestos action, decedent Willie Hollingsworth alleged he was exposed to asbestos from valves manufactured by Clow. Defendant McWane Inc., on behalf of its...more

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Caulk and Plaster Manufacturer Denied Summary Judgment in NYCAL

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Court: Supreme Court of New York, New York County - In this asbestos action, decedent Jose Munoz alleged that he was exposed to asbestos from caulk and plaster manufactured by defendant DAP....more

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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

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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

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