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Mesothelioma Summary Judgment Toxic Exposure

Husch Blackwell LLP

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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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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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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Defendants Unsuccessful On Motions to Preclude Experts and Summary Judgment

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United States District Court for the Eastern District of Louisiana - In ACT’s continuing coverage of the Robichaux matter, Felton Robichaux filed suit in Civil District Court for the Parish of Orleans against a number of...more

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Grant of Summary Judgment to Brake Manufacturer Reversed on Appeal

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Court: Court of Appeal of Florida, First District - The decedent, Joan Smith, died from mesothelioma allegedly caused by secondary exposure to asbestos through laundering her husband’s work clothing. From 1969 through...more

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Shipyard Defendant Obtains Summary Judgment Due to Prior Release

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Court: United States District Court for the Eastern District of Louisiana - In this asbestos action, Felton Robichaux worked as an insulator and carpenter at Avondale Shipyard from 1961 to 1979, and alleges he was exposed...more

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Automotive Parts Supplier’s Motion for Summary Judgment Denied

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Court: Supreme Court of New York, New York County - In this asbestos action, plaintiff Joseph Munna alleged asbestos exposure from his work as an automobile mechanic from the 1970s until the 1990s. During this time, he...more

Maron Marvel

Recent Pennsylvania Superior Court Decisions Pose Challenges for Defendants in Asbestos Cases

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The Pennsylvania Superior Court recently issued two decisions that present challenges to defendants in prevailing at summary judgment in asbestos cases....more

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Clutch Manufacturer Obtains Summary Judgment on Medical Causation Grounds

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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

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General Contractor Defendant Fails to Meet Its Burden on Summary Judgment; Motion Denied

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In this asbestos-related lawsuit, the defendant, Structure Tone, filed for summary judgment arguing that the plaintiff failed to establish that he was exposed to asbestos from working with or near products used by Structure...more

Husch Blackwell LLP

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

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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

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Lack of Causation Entitles Valve/Gasket Defendants to Summary Judgment

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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

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Case Remanded to California State Court; Plaintiff Awarded Motion Costs and Fees

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Court: United States District Court for the Northern District of California - In this asbestos action, plaintiff Gary Haeck sued several defendants for causes of action in strict products liability, negligence, fraud, and...more

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Inconsistent Testimony Not Sufficient to Preclude Summary Judgment for Employer Defendant

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Court: Court of Appeal of Louisiana, Fourth Circuit - In this fact-specific case, the plaintiff alleged the decedent Joyce Allen was exposed to asbestos through her husband, Odell Allen, who worked as a longshoreman and...more

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Grant of Summary Judgment to Employer Defendants Reversed on Appeal

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Jurisdiction: Superior Court of Pennsylvania - Richard and Pamela Shellenberger filed a lawsuit to recover damages from several defendants, including Mr. Shellenberger’s employers — Kreider Dairy Farms Inc. and Noah W....more

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

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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

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

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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

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Summary Judgment Affirmed for Trailer Manufacturer

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Court of Appeal of Louisiana, Fourth Circuit, September 28, 2022 - In this asbestos action, John Brindell (“Brindell”) allegedly contracted mesothelioma as a result of working as a mechanic for Puerto Rico Marine...more

Husch Blackwell LLP

The Impact of Droz on Evidentiary Standards in Delaware

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On March 28, 2022, the Supreme Court of Delaware settled a 15-year battle between asbestos plaintiffs and defendants by affirming the burden-shifting framework provided in a 2006 Superior Court decision This decision affirms...more

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Electric Product Manufacturer Successful on Summary Judgment After Court Finds No Evidence of Exposure to Defendant’s Products

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U.S. District Court for the Eastern District of Louisiana, March 14, 2022 -                The plaintiff, Marsha Roussell, filed an asbestos-related lawsuit alleging that she was secondarily exposed to asbestos via work...more

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Summary Judgment Affirmed and Reversed for Three Premises Defendants Relating to Several Duty Issues

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In this asbestos action, plaintiff Kevin Sinyard developed malignant pleural mesothelioma following a 25-plus year career as a pipefitter. Sinyard commenced an asbestos-related action against several defendants. Three of the...more

Husch Blackwell LLP

Another Take On “Take-Home” Exposure In California: Foglia V. Moore Dry Dock Co.

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A California appellate court recently upheld the trial court’s granting of summary judgment in a secondary exposure asbestos case where Plaintiffs could offer no admissible evidence that decedent’s father worked around...more

Haight Brown & Bonesteel LLP

Plaintiff’s Mere Presence in Area Where Asbestos is Present Insufficient to Establish Bystander Exposure

In Schiffer v. CBS Corporation (filed 9/9/15; modified 9/30/15), the California Court of Appeal, First Appellate District, affirmed summary judgment in favor of the defendant asbestos insulation manufacturer finding...more

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