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Asbestos Summary Judgment

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Extending Derivative Sovereign Immunity For Government Contractors

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The Third Circuit recently affirmed entry of summary judgment in favor of General Electric (“GE”) on grounds of derivative sovereign immunity. The Third Circuit found that GE was entitled to derivative sovereign immunity...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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