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New York Court Denies in Part, Grants in Part Talc Defendant’s Motion for Summary Judgment

In October 2020, Corey G. Griffin was diagnosed with peritoneal mesothelioma. He alleged asbestos exposure from the use of talcum powder related to his employment from the late 1950s until the 2000s. During this time, the...more

Plaintiffs Succeed in Motion to Remand Case to State Court

Jurisdiction: United States District Court for the Central District of California - Decedent David L. Dunlavey worked as a pipefitter and steamfitter from 1967 to 2006 — including time spent around 1970 working as a...more

EPA Announces Part 2 of Final Rule to Prohibit Asbestos Use in the United States

The U.S. Environmental Protection Agency on Dec. 3 issued Part 2 of a final risk determination providing an overview of the hazards of asbestos “to workers in certain conditions.” The agency will soon begin the risk...more

Court Awards $7.5 Million in Punitive Damages to Connecticut Plaintiff

Jurisdiction: Superior Court of Connecticut, Judicial District of Bridgeport at Bridgeport Decedent Nicolas Barone was diagnosed with mesothelioma in May 2022. His surviving spouse, Kathryn Barone (plaintiff)brought suit in...more

New York Court Grants Valve Manufacturer’s Motion for Summary Judgment Based on Lack of Personal Jurisdiction

Court:  Supreme Court of New York State, Erie County - Plaintiff Ronald McInnis worked as a career union pipefitter from the 1970s-2010s. A native of Chatham, New Brunswick, plaintiff spent the vast majority of his career...more

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

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

NY Court Grants Defendant’s Motion for Summary Judgment Following Improper Service in Illinois Action

Jurisdiction:  Supreme Court of New York, New York County - In a New York City asbestos action, defendant Tishman Liquidating Corporation moved for summary judgment to dismiss plaintiff’s complaint, arguing the plaintiff’s...more

Court Denies Plaintiff’s Attempt to Reinstate Prior Claim of Post 1969 Exposure

U.S. District Court for the Eastern District of Louisiana - Plaintiff Robert Stephen Sentilles was diagnosed with mesothelioma in October 2020. He filed his suit asserting negligence and strict liability claims against...more

Talc Defendant Unsuccessful on Summary Judgment

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

Court Denies Motions for Summary Judgment for Valve and Pump Manufacturers

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

Plaintiff’s Motion to Remand Denied as Plaintiff’s Former Employer Satisfies the Federal Officer Removal Statute

U.S. District Court for the Eastern District of Louisiana - Plaintiff Wilson Goffner, Sr. was diagnosed with malignant lung cancer in March 2020following his employment at the Avondale shipyard in the late 1960s and 1970s. In...more

Defendant’s Motion to Dismiss Plaintiffs’ Complaint Granted in Part

U.S. District Court for the Northern District of California Plaintiffs James and Lucretia Sarjeant brought suit in California state court following Mr. Sarjeant’s diagnosis of malignant mesothelioma. He alleged exposure from...more

Gasket/Packing Manufacturer Prevails after Jury Trial

Court:  United States District Court for the District of Massachusetts Decedent Arnold L. Pritt was diagnosed with singular mesothelioma, epithelioid type in September 2019. He alleged he was exposed to asbestos during his...more

Defendants’ Motions to Preclude Expert Reports Denied

Court: United States District Court for the Southern District of New York - Plaintiff Brian Joseph Gref alleged that his use of talcum-powder products caused his diagnosis of peritoneal mesothelioma....more

EPA Announce Final Rule to Prohibit Use of Asbestos in United States

The Environmental Protection Agency announced on March 18 a final rule to prohibit the use of chrysotile asbestos in the United States. Although numerous types of asbestos exist, chrysotile is unique in that it is the only...more

Federal Court Denies Plaintiff’s and Defendants’ Motions in Limine on Eve of Trial

U.S. District Court for the Eastern District of Louisiana - Decedent Terry J. LeGendre worked for defendant Huntington Ingalls, Inc. (Avondale) from October 1967 to January 1968. He was later diagnosed with and died from...more

Appellate Court Reverses Premise Defendant’s Summary Judgment Ruling

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

Pump Manufacturer Obtains Summary Judgment on Causation

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

District Court Denies Aviation Defendant’s Motion for Summary Judgment

Jurisdiction:  United States District Court for the Southern District of Florida - Decedent John McCabe died from malignant epithelioid mesothelioma in January 2023, following a career as an aircraft mechanic. His estate...more

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

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

Court Denies Motions in Limine Despite Finding Expert Report Disclosure Untimely

Court: United States District Court for the District of Montana, Great Falls Division - From 1923 to 1994, Burlington Northern Santa Fe Railway Company (BNSF) transported vermiculite ore containing amphibole asbestos from a...more

Gasket Manufacturer’s Motions for Summary Judgment Granted, in part, Pursuant to Maritime Law

Court - United States District Court for the Eastern District of Pennsylvania Plaintiff’s decedent, Joseph Pine, served as a fireman aboard the USS Constellation from 1965-1967. After he died from mesothelioma a month...more

Trial Court Finds Plaintiff Lacks Personal Jurisdiction over Holding Company Defendant

Court: Supreme Court of New York, New York County - Plaintiffs Michele Stuck and Jack Bannister, individually and as executors of the estate of Penelope Rigsby, brought an action against countless cosmetic manufacturers,...more

Hawaii Court Grants Motion to Compel Genetic Testing in Asbestos Lawsuit

On August 30, 2023, a Hawaii court ruled on 3M’s motion to compel blood sampling for the purposes of genetic testing in an asbestos matter. Hawaii First Circuit Judge James H. Ashford granted 3M’s motion in the McCabe v. 3M...more

Appeals Court Upholds Summary Judgment in Favor of Cooling Tower Manufacturers

Court: Court of Appeals of California, First Appellate District, Division One - Decedent Daniel Ochoa worked as a HVAC technician and pipefitter beginning in the 1970s.  His work involved extensive maintenance on...more

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