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Toxic Exposure Asbestos

Goldberg Segalla

Plaintiff’s Causation Expert Must Identify Subjects of Talc Causation Studies

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Court: Supreme Court of the State of New York, Appellate Division, First Judicial Department - The Supreme Court of the State of New York, Appellate Division, First Judicial Department recently determined that a causation...more

Rivkin Radler LLP

September 2024 New York Insurance Coverage Law Update

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Southern District Holds Insured Not Entitled To Judgment On Pleadings As To Duty To Defend Because Extrinsic Evidence May Show Duty Is Terminated- Color Techniques, Inc. (CTI) sold ingredients used in cosmetic formulations...more

Marshall Dennehey

Asbestosis Takes the Stand: Raising Awareness of an Abnormally High Verdict for a Typically Low Value Case

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Key Points: Asbestosis claims are usually considered to be on the lower end of settlements for asbestos law cases. A verdict of $25 million was returned by a jury in Philadelphia, where the last asbestosis case verdict was...more

Goldberg Segalla

Plaintiffs’ Motion for New Trial Reversed on Appeal

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Court of Appeal of Louisiana, Fourth Circuit - In this action, the plaintiffs alleged decedent Vita Chenet had asbestos exposure from personal use of various talcum powder products, including Cashmere Bouquet, throughout her...more

Goldberg Segalla

Defendant Granted Motion to Dismiss Claim against Settlement Trust for Untimeliness

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Superior Court of Delaware, New Castle - In the asbestos action Burhenn v. Celotex Asbestos Settlement Trust, the court granted defendant Celotex’s motion to dismiss on the grounds that the complaint was untimely filed. In...more

Goldberg Segalla

Pump Manufacturers’ Motion to Exclude Expert Causation Testimony Granted In-Part

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Court:  United States District Court for the Middle District of Florida, Tampa Division - In this asbestos action, defendants Atwood & Morrill Co. Inc. and Warren Pumps LLC filed a Daubert motion to exclude, or limit, certain...more

Goldberg Segalla

South Carolina Jury Returns $63.4M Plaintiff Verdict in Talc Trial

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Court: Circuit Court of South Carolina, Fifth Judicial Circuit - A South Carolina jury Aug. 16 returned a $64.4 million plaintiff’s verdict against product manufacturer Johnson & Johnson and supplier American International...more

Husch Blackwell LLP

Talc-Related Matter Filings Predictably Increase, As New Bankruptcies are Filed

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Observers of filing trends in personal injury mesothelioma matters alleging exposure to talc contaminated with asbestos have noted that the bankruptcy filing of a predominant defendant in those matters did little to slow the...more

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

Goldberg Segalla

Defendant’s Motion for Summary Judgment Denied Due to Conclusory Affidavits

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Jurisdiction: Supreme Court of New York, New York County - DAP filed a motion for summary judgment by arguing plaintiff cannot sufficiently demonstrate DAP’s exposed him to asbestos. DAP contends that it did not manufacture...more

Goldberg Segalla

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

Goldberg Segalla

Talc Manufacturer’s Motion to Dismiss for Failure to State a Claim Granted

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U.S. District Court for the Eastern District of Missouri, Eastern Division - Decedent Carole Zicklin passed away from mesothelioma in September 2021. The decedent’s daughters subsequently filed a wrongful death lawsuit...more

Hissey, Mulderig & Friend, PLLC

Asbestos Exposure Widespread at Oil and Gas Job Sites in Texas

Workers at asbestos job sites in the state of Texas may be at risk of developing mesothelioma, asbestos lung cancer, or other diseases as a result of asbestos exposure....more

Goldberg Segalla

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

Husch Blackwell LLP

Let’s Get Hitched: Florida Supreme Court Expands Interpretation of “Surviving Spouse” Under the Florida Wrongful Death Act

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In Ripple v. CBS Corporation, et. al., the Florida Supreme Court held a surviving spouse is entitled to recovery for wrongful death under the Florida Wrongful Death Act (the Act), codified at Fla. Stat. §§ 768.16-768.26...more

Hissey, Mulderig & Friend, PLLC

Free Asbestos Testing for Union & Asbestos Workers

Exposure to airborne asbestos has been linked to an increased risk of several serious and debilitating diseases, including mesothelioma, asbestos lung cancer, and other types of cancer....more

Goldberg Segalla

Auto Parts supplier obtains defense verdict at trial

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California Superior Court, Alameda County - Decedent Gene Hankes Sr. passed away of mesothelioma at 85 years old. His estate brought this action against various brake manufacturers and auto-parts suppliers....more

Goldberg Segalla

Gasket/Packing Manufacturer Prevails after Jury Trial

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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

Goldberg Segalla

Chemical Company’s Renewed Motion to Dismiss Amended Complaint Granted

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Jurisdiction: United States District Court for the Southern District of Florida Plaintiff Douglas S. Johnson, one of the surviving children and personal representative of the estate of decedent French E. Johnson, filed an...more

McGlinchey Stafford

New EPA Ban of Chrysotile Asbestos Prompts Petitions for Review to be Decided by U.S. Fifth Circuit in New Orleans

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In March 2024, the U.S. Environmental Protection Agency (EPA) announced a ban on the ongoing use of chrysotile asbestos in connection with health problems associated with asbestos exposure. The rule is entitled Asbestos Part...more

MG+M The Law Firm

The Impending Battle Over EPA's Asbestos Ban

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The United States Court of Appeals for the Fifth Circuit is set to adjudicate complaints regarding the Environmental Protection Agency’s (EPA) asbestos ban, a significant regulation that holds the potential to influence the...more

Bergeson & Campbell, P.C.

EPA Issues Asbestos Part 2 Draft Risk Evaluation, Preliminarily Determines That Asbestos Poses Unreasonable Risk to Human Health

On April 16, 2024, the U.S. Environmental Protection Agency (EPA) announced the availability of and requested public comment on a draft document titled “Draft Risk Evaluation for Asbestos Part 2: Supplemental Evaluation...more

Goldberg Segalla

Chicago Jury Returns $45M Plaintiffs Verdict in Talc Trial

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Court: Circuit Court of Cook County, Illinois - On April 19, a Chicago jury ordered Johnson & Johnson to pay $45 million to the family of a Cook County woman named Theresa Garcia who died from mesothelioma, allegedly caused...more

Goldberg Segalla

Florida Jury Returns Defense Verdict in Ovarian Cancer Trial

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Court: United States District Court, Middle District of Florida - On Thursday April 18, a Florida jury found the talcum powder in Johnson & Johnson’s baby powder product did not cause the ovarian cancer of deceased Sarasota...more

Goldberg Segalla

Appellate Court Affirms Finding of Liability against Talc Defendant; Vacates Apportionment of Liability

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Court: Superior Court of Pennsylvania - In this asbestos action, appellant American International Industries (AII) appealed from a judgment entered in December 2022 awarding damages to appellee, Holly Fisher, executrix of the...more

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