Asbestos Case Tracker 2024 Compendium
Goldberg Segalla | Asbestos Case Tracker
by Asbestos Case Tracker
6d ago
Goldberg Segalla’s Asbestos Case Tracker blog is the trusted source for asbestos decisions happening in courts throughout the United States. We are pleased to provide a compendium of 2024 Asbestos Case Tracker posts to our clients and friends and hope it will serve as a convenient resource for you. To download the 2024 ACT Compendium, please complete and submit the form below ..read more
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Supreme Court of New York Grants Defendants’ Motion to Dismiss Based upon Statute of Limitations
Goldberg Segalla | Asbestos Case Tracker
by Anthony I. Perchiacca
6d ago
Supreme Court of New York – New York County Eric Biljetina, et al. vs. Brenntag North America, Inc., et al. In this action, the plaintiffs allege the decedent had asbestos exposure through the use of Jean Nate talcum powder. The decedent was ultimately diagnosed with mesothelioma in 2016. In 2024, the plaintiffs filed a Third Amended Complaint to join L’Oreal USA, Inc., as a defendant in this action. The plaintiffs alleged this defendant had ties to the claimed Jean Nate powder product. The defendant ultimately ..read more
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First Department Affirms New York Jurisdiction Over Automotive Defendants
Goldberg Segalla | Asbestos Case Tracker
by Kerry L. Jones
2w ago
Court: Supreme Court, Appellate Division, First Department (NY) In this asbestos action, plaintiffs allege that decedent, John Beagan, was exposed to asbestos-containing products while in work areas of New York car dealerships in the 1990s, along with the work areas of car dealerships in his home state of Florida between 1976 and 1986, which led to decedent’s development of mesothelioma. Plaintiffs filed suit against a number of defendants, including American Honda Motor Co., Inc. and Nissan North America Inc., in the state of New York ..read more
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Appellate Court Affirms Denial of Appellant’s Motion for Summary Judgment
Goldberg Segalla | Asbestos Case Tracker
by Keani A. Christian
2w ago
Jurisdiction: Court of Appeals of Minnesota Appellant Westrock Minnesota Corporation f/k/a Waldorf Corporation (Waldorf), challenged the district court’s ruling, denying summary judgment on respondent’s asbestos-related claims. Appellant argued the asbestos related claims are barred by the exclusivity provision of the Workers’ Compensation Act (WCA), Minn. Stat. § 176.031. In 2023, respondent Allan N. Anderson Jr. was diagnosed with mesothelioma. On March 30, 2023, he filed a complaint against 34 separate defendants, including Waldorf alleging that exposures to asbestos via prod ..read more
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Judicial Hellholes: 2024-2025 Executive Summary
Goldberg Segalla | Asbestos Case Tracker
by Keani A. Christian
1M ago
The 2024-2025 Judicial Hellholes report shines its brightest spotlight on 10 jurisdictions that have earned reputations as Judicial Hellholes. Asbestos litigation continues to be a trend within numerous jurisdictions. Specifically, it appears we can continue to count on asbestos litigation in various jurisdictions making the Judicial Hellhole list due to abusive filings and plaintiff-friendly judges and jurisdictions. New York remains high on the list with South Carolina following closely behind and Cook County, Illinois, and St. Louis, Mo., placing within the Top 10.  As a ..read more
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Court Reverses Denial of J&J’s Motion for Summary Judgment on Causation Grounds
Goldberg Segalla | Asbestos Case Tracker
by Kerry L. Jones
1M ago
Court: Supreme Court of New York, Appellate Division, First Department The Supreme Court of New York, Appellate Division, First Department earlier this week unanimously granted defendants Johnson & Johnson and LTL Management LLC’s — (J&J collectively) — appeal of its causation motion for summary judgment and dismissed the complaint against J&J in a reversal of the Supreme Court, New York County (NYCAL) April 2024 decision. The First Department held that J&J made a prima facia showing of entitlement to summary judgment by submitting epidemiological studies ..read more
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Court Rules in Favor of Defendant in Asbestos Action for Lack of Causation
Goldberg Segalla | Asbestos Case Tracker
by Anthony I. Perchiacca
1M ago
Jurisdiction: United States District Court for the Western District of Washington Plaintiff claimed decedent Geraldine Rabb Perkins had asbestos exposure resulting in her diagnosis of mesothelioma. Plaintiff specifically alleged that Mrs. Perkins had para-occupational asbestos exposure originating from Puget Sound Naval Shipyard where decedent’s husband, Harang Joseph Perkins, worked as a machinist’s mate for the U.S. Navy between approximately 1968 and 1974. It was claimed Mrs. Perkins had para-occupational asbestos exposure from laundering Mr. Perkins work clothes. Prior to being diagnosed w ..read more
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Defendant’s Motion for Leave to Designate Responsible Third Parties Granted Under Texas Law
Goldberg Segalla | Asbestos Case Tracker
by Anthony I. Perchiacca
1M ago
Superior Court of Delaware, New Castle Although this action – In Re: Asbestos Litigation; Ladonna Sue Braxton, Individually and as Independent Executrix of the Estate of Marvin Jerry Braxton Jr., deceased, vs. J-M Manufacturing Company, Inc., et al. – is venued in Delaware, the case is governed by Texas law. The sole defendant is J-M Manufacturing Company, Inc. In this asbestos action, the plaintiffs allege the decedent, Marvin Jerry Braxton, Jr., had occupational exposure to asbestos, resulting in Mr. Braxton developing mesothelioma. Prior to passing ..read more
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New York Court Denies in Part, Grants in Part Talc Defendant’s Motion for Summary Judgment
Goldberg Segalla | Asbestos Case Tracker
by Susan R. Allen-Robbins
1M ago
In October 2020, Corey G. Griffin was diagnosed with peritoneal mesothelioma. He alleged asbestos exposure from the use of talcum powder related to his employment from the late 1950s until the 2000s. During this time, the plaintiff worked as an artist, makeup specialist, designer, and stylist in New York City and abroad. He brought this action against numerous cosmetic defendants in 2021, prompting extensive litigation. In 2024, defendant American International Industries moved for partial summary judgment pursuant to CPLR 3212 on the plaintiff’s punitive damages ..read more
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Defendant’s Motion for Summary Judgment in Asbestos Action Partly Granted
Goldberg Segalla | Asbestos Case Tracker
by Anthony I. Perchiacca
2M ago
Jurisdiction: Superior Court of Rhode Island, Providence Plaintiffs alleged decedent Peter A. Lowe Sr. was exposed to asbestos while employed with his father’s company – Lowe Excavating and Construction – from approximately 1965 until the late-1970s. Plaintiffs allege this exposure resulted in Mr. Lowe being diagnosed with malignant mesothelioma in 2018, which ultimately caused him to pass away in August 2019. Plaintiffs initiated litigation asserting several theories of liability, including failure to warn, negligence, strict liability, breach of express and implied warranty, and other r ..read more
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