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Mesothelioma Motion for Summary Judgment Asbestos Litigation

Goldberg Segalla

Grant of Summary Judgment to Aluminum Plant Owner Reversed

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Jurisdiction: Court of Appeals of Iowa - We previously reported on this matter involving the decedent, Charles Beverage, who was employed as an independent contractor at an aluminum plant between the 1950s and the mid-1970s....more

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District Court Denies Aviation Defendant’s Motion for Summary Judgment

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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

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Motion for Summary Judgment of Gasket and Packing Manufacturer Granted in Part and Denied in Part

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Court: United States District Court for the Northern District of Illinois, Eastern Division - Plaintiffs Chloyde Pelton and Shirley Pelton sued Defendant John Crane Inc. for negligence, willful and wanton conduct, and...more

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

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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

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

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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

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Pipe Manufacturer Denied Summary Judgment in NYCAL

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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

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Power Companies’ Motion for Summary Judgment Denied

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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

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

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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

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

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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

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Questions of Fact Split Summary Judgment for Valve Defendants

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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

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Talc Supplier’s Motion for Summary Judgment Denied as to Causation, Granted as to Punitive Damages

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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

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Plaintiff’s Worksite Testimony Precludes Summary Judgment for Contractor Defendant

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Court: Supreme Court of New York, New York County - In this asbestos action, defendant Tishman Liquidating Corporation moved for summary judgment on the grounds that it is not responsible for any of the three job sites...more

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

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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

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

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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

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Asbestos Distributor Defendant Obtains Summary Judgment Due to Lack of Identification

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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

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Boiler Manufacturer Directed to Appear for Punitive Damages Deposition

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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

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

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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

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

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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

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

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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

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Plaintiff’s Motion for Summary Judgment on General Causation Granted as Against Various Defendants

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United States District Court for the Eastern District of Louisiana, April 18, 2022 - In this case, the plaintiff moved for summary judgment as to general causation of his mesothelioma diagnosis. Eight defendants filed...more

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Summary Judgment Granted as Premises Owner Did Not Owe a Duty to Independent Contractor’s Employee

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U.S. District Court for the Western District of Pennsylvania, February 15, 2022 - In this asbestos action, Carl Gay alleged that he developed mesothelioma after a forty-year career. From 1974 until 1976, Gay worked as a...more

Steptoe & Johnson PLLC

PA Superior Court Permits Incomplete Deposition Testimony and Affidavit of “Unavailable Witness” to oppose Summary Judgment in...

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In an October 28, 2019 Opinion of a three-judge panel, the Pennsylvania Superior Court in Joyce E. Kardos, Executrix of the Estate of Nicholas J. Kardos, deceased, and Joyce E. Kardos, in her own right, v. Armstrong Pumps,...more

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"Take-Home" Asbestos Case Decision Could have Ripple Effect

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Companies facing "take-home" asbestos or other toxic tort exposure claims in Arizona, or in other jurisdictions applying Arizona law, now have a new case to cite in dispositive motions. With the Sept. 20 Arizona Court of...more

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