News & Analysis as of

Mesothelioma Asbestos Litigation Causation

Goldberg Segalla

Denial of Dryer Felt Manufacturer’s Motion for Judgment Notwithstanding the Verdict Affirmed

Goldberg Segalla on

Court: Supreme Court of South Carolina - In this mesothelioma matter, the Supreme Court of South Carolina granted a writ of certiorari to review decisions of the South Carolina Court of Appeals affirming the trial court’s...more

Goldberg Segalla

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

Goldberg Segalla on

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

Goldberg Segalla

NJ Appellate Court Reverses $223.8 J&J Talc Verdict on Causation Grounds

Goldberg Segalla on

Court: The Superior Court of New Jersey, Appellate Division - Johnson & Johnson has successfully appealed a $223.8 judgment against it following a trial involving allegations of asbestos-contaminated talcum powder in...more

Goldberg Segalla

Supplier’s Motion for Summary Judgment on Causation Denied

Goldberg Segalla on

Court: Supreme Court of New York, New York County - In this asbestos action, defendant Dykes Lumber moved for summary judgment, arguing it established a prima facie case for lack of causation under Nemeth v. Brenntag....more

Goldberg Segalla

Partial Exclusion of Expert Opinion Leads to Summary Judgment for Talc Defendant

Goldberg Segalla on

Court: Superior Court of Arizona, Maricopa County - In this asbestos action, plaintiff Jeffrey Weiss alleges that he developed mesothelioma as a result of his use of various brands of talcum powder products from 1979 to...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

Court Denies, in Part, Plaintiffs’ Appeal of Summary Judgment for Various Defendants

Goldberg Segalla on

Jurisdiction: Court of Appeal of Louisiana, Fourth Circuit - In April 2018, Emily Everett complained to her primary care physician of severe abdominal swelling.  After extensive workup, Everett received a diagnosis of...more

Husch Blackwell LLP

NYCAL Court Upholds $15M Asbestos Verdict, Appeal Imminent after Denial of Joint Compound Defendant’s Post-Trial Motions

Husch Blackwell LLP on

On March 16, 2023, the New York City Asbestos Litigation (NYCAL) Court denied Defendant Kaiser Gypsum’s post-trial motions following a $15M plaintiffs’ verdict in the matter of Munir Seen, New York Supreme Court, New York...more

Goldberg Segalla

Clutch Manufacturer Obtains Summary Judgment on Medical Causation Grounds

Goldberg Segalla on

Court: Supreme Court of the State of New York, Nassau County - In this asbestos action, plaintiff Donna Daniell alleged asbestos exposure from working near auto mechanics, including her husband, Robert, while they used...more

Husch Blackwell LLP

Frequency, Regularity, Proximity: The Western District of Washington Requires More Than a Product’s Presence to Find Causation

Husch Blackwell LLP on

On March 9, 2023, a federal judge granted summary judgment on causation to three manufacturers of asbestos-containing products in a maritime lawsuit arising from the death of Thomas Deem from mesothelioma. The judge held that...more

Goldberg Segalla

District Court Denies Plaintiff’s Motion to Remand despite Dismissal of Defendant that Formed the Basis of Federal Jurisdiction

Goldberg Segalla on

U.S. District Court for the Eastern District of Louisiana - As previously reported on Asbestos Case Tracker, this matter involves Plaintiff Frank P. Ragusa, who filed an action against various defendants in state court...more

Goldberg Segalla

Exclusion of Dr. Staggs’ Specific Causation Opinion Entitles Automotive Defendant to Summary Judgment

Goldberg Segalla on

Court: United States District Court for the District of Utah - This case arises out of decedent John C. Riegler’s diagnosis of mesothelioma, which plaintiff alleges stems from decedent’s work at a service station,...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

Dryer Felt Manufacturer’s Judgment Upheld on Appeal

Goldberg Segalla on

Court: Court of Appeals of Washington, Division One - In this asbestos action, decedent Kevin Holdsworth worked at a paper mill in Camas, Washington from 1964 to 2001. He alleged exposure to asbestos from several sources...more

Goldberg Segalla

Lack of Causation Entitles Valve/Gasket Defendants to Summary Judgment

Goldberg Segalla on

Court: United States District Court for the Western District of Washington - This case arises out of the death of decedent Thomas Deem from mesothelioma, which the plaintiff alleges was caused by the decedent’s exposure...more

Goldberg Segalla

Valve Defendants Obtain Summary Judgment Due to Lack of Causation Evidence

Goldberg Segalla on

Court: United States District Court for the Central District of California - In this action, the plaintiffs alleged that the decedent, John Carpenter, contracted and died from mesothelioma due to exposure to asbestos,...more

Husch Blackwell LLP

Nemeth Is the Law – Causation in NYCAL Talc and Asbestos Cases

Husch Blackwell LLP on

We previously reported on Nemeth v. Brenntag North America, et al., 38 N.Y.3d 336 (Ct. App. NY Apr. 26, 2022), a landmark case in which the New York’s Court of Appeals reversed a $16,500,000 asbestos jury verdict because the...more

Goldberg Segalla

Asbestos Supplier’s Motion Seeking Judgment Notwithstanding the Verdict and New Trial Denied

Goldberg Segalla on

State of New York, Supreme Court, County of Niagara, November 4, 2022 - Plaintiffs Benedict Viglietta and Terri Viglietta alleged that Mr. Viglietta developed mesothelioma as a result of his exposure to asbestos while...more

Goldberg Segalla

Third-Parties Prevail on Summary Judgment Thanks to Employer’s Lack of Evidence

Goldberg Segalla on

U.S. District Court for the Eastern District of Louisiana, October 24, 2022 - Plaintiff Ronald John Falgout, as the independent executor and successor of decedent Ruby Lee Marie Falgout, brought this action in October...more

Goldberg Segalla

Plaintiffs Granted Partial Summary Judgment Based on “Substantial Factor” Standard

Goldberg Segalla on

United States District Court for the Middle District of Louisiana, October 21, 2022 - The plaintiffs allege that Decedent Kirk Reulet was asbestos to asbestos throughout his 45-year career. The plaintiffs seek summary...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

Talcum Powder Defendant Fails to Meet Summary Judgment Burden on Medical Causation

Goldberg Segalla on

Supreme Court of New York, New York County, September 22, 2022 - In this NYCAL action, Decedent Maryann Purser (“Decedent”) alleged that she developed pleural mesothelioma through the use of Cashmere Bouquet talcum...more

Goldberg Segalla

Intentional Tort and Fraud/Concealment Counts Dismissed for Several Defendants Court

Goldberg Segalla on

United States District Court for the Eastern District of Louisiana , August 24, 2022 - The Asbestos Case Tracker continues to cover the Becnel matter, in which the plaintiffs allege James Becnel was exposed to asbestos at...more

Goldberg Segalla

Judgment Against Dryer-Felt Supplier Affirmed on Appeal

Goldberg Segalla on

Court of Appeals of South Carolina, August 3, 2022 - In this asbestos action, decedent Stephen Stewart alleged exposure from working with asbestos-containing dryer felt associated with a paper machine from 1963 until...more

Goldberg Segalla

NYCAL Verdict Against Talc Product Manufacturer Reversed on Causation Grounds

Goldberg Segalla on

Supreme Court of New York, Appellate Division, First Department, July 19, 2022 - In 2017, Plaintiff Donna Olson (“Plaintiff”) filed suit against Johnson & Johnson (J&J), claiming that her lifelong use of J&J talcum powder...more

32 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