Denial of Dryer Felt Manufacturer’s Motion for Judgment Notwithstanding the Verdict Affirmed
Goldberg Segalla | Asbestos Case Tracker
by Quincy Conrad
16h ago
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 (1) the trial court’s denial of Scapa Waycross Inc.’s motion for judgment notwithstanding the verdict based on the insufficiency of the evidence as to causation, (2) the trial court’s order granting a new trial nisi additur, and (3) the trial court’s denial of Scapa’s motion to reallocate pretrial settlement proceeds. The court determined that certiorari was improperly granted with respect to th ..read more
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Texas Appellate Court Reverses Summary Judgment in Take-Home Exposure Case
Goldberg Segalla | Asbestos Case Tracker
by Kerry L. Jones
3d ago
Court: Court of Appeals of Texas, Fourteenth District, Houston In this asbestos action, a Texas Appellate Court reversed and remanded the grant of a no-evidence summary judgment motion as to defendant Howmet Aerospace Inc., f/k/a Arconic, Inc., f/k/a Alcoa, Inc. (“Alcoa”). The surviving husband and children of decedent Carolyn Burford asserted wrongful death and survival claims against the husband’s former employer, Alcoa, alleging decedent suffered injuries and death as a result of asbestosis caused by her inhalation of asbestos fibers that her husband brought home on his work clothes. In res ..read more
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First Department Affirms Jury Verdict against Valve Manufacturer
Goldberg Segalla | Asbestos Case Tracker
by Kerry L. Jones
3d ago
Court: Supreme Court of New York, Appellate Division, First Department In this asbestos action, defendant Jenkins Bros. sought a judgment notwithstanding the verdict, a new trial, or remittitur of a verdict awarding plaintiff $13 million for past pain and suffering and $10 million for future pain and suffering. The trial court declined to vacate the jury’s findings that valve-related gaskets and insulation manufactured by Jenkins Bros. caused plaintiff’s mesothelioma. Jenkins Bros. appealed to the First Department. The First Department ultimately determined that plaintiff met his “burden to es ..read more
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Motion for Summary Judgment Denied under Sophisticated User and Purchaser Doctrine
Goldberg Segalla | Asbestos Case Tracker
by Elizabeth M. Lautenbach
1w ago
Court: United States District Court for the Eastern District of Louisiana In this asbestos action, plaintiff Ted Matherne Sr. worked at the Avondale Shipyards. In addition, defendant Hopeman Brothers Inc. placed Micarta from Westinghouse “as a component part of the composite wall and bulkhead panels it suppled to Avondale for use aboard ships.” Defendant Paramount Global (Westinghouse) moved for partial summary judgment, arguing it had no duty to warn as defendant Hopeman was a sophisticated user and purchaser of Micarta. Westinghouse contends Hopeman was aware of the dangers of asbestos by po ..read more
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Motion for Summary Judgment of Valve Manufacturer Denied
Goldberg Segalla | Asbestos Case Tracker
by Quincy Conrad
1w ago
Court: Supreme Court of New York, New York County Plaintiff-Decedent John Gonder alleged exposure to asbestos during his employment as a Con Edison inspector between the 1970s and 1990s. He died in May 2021 at 86 years old from lung cancer. Defendant Jenkins Bros. filed a motion for summary judgment on the basis that Gonder did not identify Jenkins as a manufacturer of asbestos-containing valves to which he alleged exposure. Jenkins also challenged the sufficiency of the plaintiff’s expert reports with respect to causation. In opposition, the plaintiff put forth prior deposition testimony wher ..read more
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Defendant’s Motion for Summary Judgment Based on Workers’ Compensation Defense Denied
Goldberg Segalla | Asbestos Case Tracker
by Quincy Conrad
2w ago
Jurisdiction: Supreme Court of New York, New York County Defendant Morse Diesel Inc. filed a motion for summary judgment on the basis that plaintiff Matthew D’Alessio’s claims were barred by New York State Worker’s Compensation Law. In support of its motion, Morse Diesel pointed to D’Alessio’s deposition testimony in which he claimed to be an employee of Morse Diesel at a jobsite near Brooklyn Law School. In further support, Morse Diesel provided an affidavit from its corporate representative stating that they carry workers’ compensation insurance. In opposition to the motion, D’Alessio submit ..read more
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Asbestos Case Tracker 2023 Compendium
Goldberg Segalla | Asbestos Case Tracker
by Asbestos Case Tracker
3w 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 this 2023 compendium of Asbestos Case Tracker posts to our clients and friends. Our hope is this serves as a convenient resource for you. To access our digital download click the link below. Asbestos Case Tracker Compendium 2023 Name* First Last Company* Email* Address* City State / Province / Region Afghanistan Albania Algeria American Samoa Andorra Angola Anguilla Antarctica Antigua and Barbuda Argentina Armenia Aruba Austr ..read more
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Motion for Summary Judgment of Gasket and Packing Manufacturer Granted in Part and Denied in Part
Goldberg Segalla | Asbestos Case Tracker
by Quincy Conrad
1M ago
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 strict liability, alleging that Pelton developed mesothelioma as a result of his exposure to asbestos-containing products, including gaskets and packing, in the United States Navy. Pelton served as a pipefitter and shipfitter aboard the U.S.S. Lyman K Swenson from1959 to 1961, the U.S.S. Pritchett from 1961 to 1962, and the U.S.S. Frontier for 10 months until 1963. At his depositio ..read more
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Motion for Partial Summary Judgment of Shipyard Subcontractor Granted
Goldberg Segalla | Asbestos Case Tracker
by Quincy Conrad
1M ago
Court: United States District Court for the Eastern District of Louisiana Defendant Hopeman Brothers Inc. moved for partial summary judgment with respect to plaintiffs’ claims of intentional tort, alter ego, and manufacturer strict liability. In order to satisfy their intentional tort claim, plaintiffs must demonstrate that Hopeman “either consciously desired that plaintiff contract mesothelioma or knew that the result was substantially certain to follow from its conduct.” A substantial certainty is more than “knowingly permitting a hazardous work condition to exist.” The court concluded that ..read more
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Plaintiff’s Motion for Partial Summary Judgment to Prevent Government Contractor Defense Granted
Goldberg Segalla | Asbestos Case Tracker
by Nicole Caspers
1M ago
Court: United States District Court for the Eastern District of Louisiana In the case of Matherne v. Huntington Ingalls Inc., plaintiffs moved for partial summary judgment regarding the Avondale Interests’ government contractor defense. Plaintiff decedent Roseanna Matherne was diagnosed with mesothelioma, which she alleged resulted from secondhand exposure to asbestos via her husband’s work clothes that she laundered. Mrs. Matherne’s husband worked at Avondale Shipyard from 1965 to 1983. During his employment, Mr. Matherne worked on U.S. Coast Guard Cutters and Lykes, States, LASH, and LN ..read more
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