Author Archives: Asbestos Case Tracker

Asbestos Case Tracker Mid-Year Compendium 2018

With reported asbestos decisions continuing to rise, the need to keep informed on developments across the country is imperative. Goldberg Segalla’s Asbestos Case Tracker blog — ranked on the ABA Journal Blogs 100 list of the best legal blogs — is the go-to resource for up-to-date asbestos decisions happening in courts throughout the United States. Our blog also reports on legislative updates, significant verdicts, and other critical developments in the asbestos area. We provide summaries of and access to decisions, along with insightful commentary from…

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In-State Business Activities Unrelated to Asbestos Personal Injury Claims Ruled Insufficient to Confer Personal Jurisdiction Supreme Court of New York, June 16, 2018

NEW YORK – Newly appointed NYCAL Asbestos Coordinating Judge Manuel Mendez continued the recent trend of New York trial level decisions dismissing claims for lack of personal jurisdiction following  Bristol Myers Squibb Co. v. Supreme Court of California (2017) and Daimler AG v. Bauman (2014). In the matter of Irene Grabowski, as Personal Representative of the Estate of Alex Grabowski v. A.O. Smith Corporation, the plaintiff brought suit in New York State Court against The Scotts Company LLC (Scotts), alleging exposure from using Scotts…

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Asbestos Case Tracker — 2017 Compendium

With reported asbestos decisions continuing to rise, the need to keep informed on developments across the country is imperative. Goldberg Segalla’s Asbestos Case Tracker blog — ranked on the ABA Journal Blawg 100 list of the best legal blogs — is the go-to resource for up-to-date asbestos decisions happening in courts throughout the United States. Our blog also reports on legislative updates, significant verdicts, and other critical developments in the asbestos area. We provide summaries of and access to decisions, along with insightful commentary from…

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Asbestos Case Tracker Named Best Litigation Blog for 2017!

We are pleased to announce that for the second consecutive year, the Asbestos Case Tracker blog has been named the best litigation blog in the country in The Expert Institute’s Best Legal Blog Contest! The Expert Institute’s annual contest considered thousands of legal blogs online today. After an extended public voting process, Asbestos Case Tracker secured the top spot as best litigation blog. A huge thank you goes out to all of our readers who made this honor possible. We certainly could not have done…

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Susan Van Gelder to Speak at Upcoming Asbestos Conference

On Tuesday, December 5, 2017, Susan Van Gelder, partner in Goldberg Segalla’s Toxic Tort Practice Group, will be speaking at Perrin Conference’s New York Asbestos Litigation Conference tomorrow. This day-long seminar will feature several topics, including:

  • What NYCAL looks like today and what to expect in 2018
  • The in-house and insurance perspectives
  • An update on talc litigation
Susan will be part of the “Overview on Upstate New York” panel. For nearly 15 years, Susan has handled thousands of asbestos cases, representing manufacturers of asbestos-containing equipment…

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Joe Welter to Speak at Upcoming Talc Seminar

On Wednesday November 1, 2017, Joseph J. Welter, partner and chair of Goldberg Segalla’s Toxic Tort and Environmental Practice Group, will be speaking at Cardno ChemRisk’s Talc Seminar in Las Vegas.  This half-day seminar will feature several topics, including:

  • The mineralogy and epidemiology of cosmetic talc
  • Historical perspectives on talc, along with its asbestos content and potential health risks
  • Emerging strategies in talc litigation
Joe will present “Talc and Ovarian Cancer: The Dilution of Scientific Causation.” For nearly three decades, Joe has served as national,…

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We Need Your Vote!

Attention blog readers! We are proud to announce that Asbestos Case Tracker has made it to the voting round in The Expert Institute’s “2017 Best Legal Blog Contest.”  Over the past month, this contest received thousands of nominations, which were then narrowed to the “most exciting, entertaining, and informative legal blogs online today.” To vote for this blog, visit The Expert Institute’s contest page here and click “vote” for Asbestos Case Tracker. Only one vote is allowed per IP address, so please try voting on…

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Various Defendants Granted Summary Judgment Under Maritime Law Bare Metal Defense U.S. District Court for the District of Delaware, August 31, 2017

Plaintiffs Stephen and Marilyn Charlevoix filed this asbestos related personal injury action in Delaware Superior Court against multiple defendants on July 10, 2015. Crane removed the action to this court on August 21, 2015. The plaintiff stated that Mr. Charlevoix was first exposed to asbestos-containing products during his service as a boiler tender with the U.S. Navy from 1961 to 1964 aboard the USS Valley Forge. After his service in the Navy, Mr. Charlevoix worked at Grede Foundry from 1964 to 1966 as a grinder.…

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Court Denies Partial Motion for Summary Judgment on Punitive Damages Against John Crane While Granting Full Summary Judgment for Other Defendants U.S. District Court for the District of Delaware, August 30, 2017

Icom Henry Evans and Johanna Elaine Evans filed an asbestos related personal injury action in the Delaware Superior Court against multiple defendants on June 11, 2015, asserting injuries arising from Mr. Evans’ alleged harmful exposure to asbestos. Defendant John Crane filed a partial motion for summary judgment as to the plaintiffs’ punitive damages claim. John Crane admits to having knowledge of the hazards of asbestos by 1970. However, the parties dispute whether John Crane had knowledge of the hazards of asbestos before 1970. The parties…

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Plaintiff’s Issues on Appeal Ruled Non-Prejudicial, Insulation was Not a Substantial Cause United States Court of Appeals, Seventh Circuit, August 31, 2017

Charles Kirk brought suit against Owens-Illinois and Exxon Mobil alleging that his lung cancer was caused by exposure to asbestos containing material.  From 1954 until 1960 Plaintiff worked aboard navy vessels removing insulation produced by Owens–Illinois, Inc., which he claimed exposed him to asbestos fibers. And for two weeks, he worked as an independent contractor at Exxon Mobil’s  Joliet refinery replacing heaters that Plaintiff claimed were insulated with asbestos. Mobil presented counter-evidence that the insulation at its refinery did not contain asbestos.  Notably, Plaintiff smoked…

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