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.
… Continue Reading
Superior Court of California, County of Los Angeles
In this asbestos action, defendant Rheem Manufacturing Company filed a motion for summary judgment, and alternatively summary adjudication, arguing that the plaintiffs do not have evidence that the relevant plaintiff was exposed to asbestos from Rheem products.
To show that a plaintiff cannot establish an element of a cause of action, a defendant must make the initial showing that the plaintiff does not possess, and cannot reasonably obtain, needed evidence. A plaintiff’s deposition testimony that he has …
Continue Reading
Superior Court of California, County of Los Angeles
In this asbestos action, the court considered various defense motions.
Defendant Western Auto Supply company filed a request opposing punitive damages, arguing that the plaintiffs cannot prove that it acted with oppression, malice or fraud. Summary judgment or summary adjudication on the issue of punitive damages is proper only when no reasonable jury could find the plaintiff’s evidence to be clear and convincing proof of malice, fraud or oppression.
For a corporate defendant, the oppression, fraud or …
Continue Reading
Court: Superior Court of Arizona, Maricopa County
In this asbestos action, plaintiff Jeffrey Weiss alleges that he developed mesothelioma as a result of his use of various brands of talcum powder products from 1979 to 2011. Plaintiffs assert that asbestos is an accessory mineral that may be naturally present in talc. Defendants recognize that some scientists claim to have identified asbestos fibers in cosmetic talc powders. Defendants further argue that, even if some fibers in talc are considered to be asbestos, it has not been …
Continue Reading
Superior Court of Delaware, New Castle
Plaintiff Jeffery Saunders filed an action against numerous defendants, alleging that he was exposed to asbestos-containing products and sustained resulting injuries. Defendant Atlantic Plant Management (APM) moved for summary judgment, arguing that Delaware law applies and that the plaintiff’s claim is barred by the exclusivity provision of the Delaware workers’ compensation statute. The court agreed, granting APM’s motion. The plaintiff filed a Motion for Reargument, which was considered by the court.
The plaintiff worked out of the Delaware Carpenters …
Continue Reading
U.S. District Court for the Western District of Washington
In this asbestos action, the plaintiff alleges that decedent David Welch’s mesothelioma was caused by his exposure to asbestos from his service in the U.S. Navy aboard the USS Carronade and the USS Princeton. The plaintiff filed a complaint against defendants Crane Co. and Velan Valve Corporation, alleging that the decedent’s mesothelioma was caused by asbestos-containing components and insulation manufactured by the companies. The plaintiff’s claims are based on “negligence and strict product liability under Section …
Continue Reading
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 2022 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.
… Continue Reading
Court: Court of Appeals of Tennessee, At Jackson
Plaintiff Annie Dowdy is a former employee of defendant BNSF Railway Company. She filed suit against BNSF under the Federal Employers’ Liability Act (“FELA”), alleging that BNSF negligently failed to provide a reasonably safe work place, and claiming that occupational exposure to diesel exhaust and asbestos caused or contributed to her renal cancer. Plaintiff relief on the testimony of two expert witnesses: Dr. Hernando Perez, who was retained to testify regarding negligence and liability, and Dr. Ernest …
Continue Reading
Court: Supreme Court of New York, New York County
In this asbestos action, defendant Tishman Liquidating Corporation moved for summary judgment on the grounds that it is not responsible for any of the three job sites for which the plaintiff identified the company as the general contractor, and, therefore, is not liable for any injury that the plaintiff allegedly sustained from such sites.
For two of the sites, Tishman proffered New York Times articles that reported the general contractors to be companies other than Tishman, …
Continue Reading
Court: United States District Court for the District of Utah
This case arises out of decedent John C. Riegler’s diagnosis of mesothelioma, which plaintiff alleges stems from decedent’s work at a service station, including the performance of brake services. Plaintiff alleges defendants’ automotive-friction products exposed decedent to asbestos and caused his mesothelioma. Before the court are three motions to exclude expert testimony and one motion for summary judgment.
Plaintiff designated industrial hygienist William M. Ewing as an expert in this matter. In his expert report, …
Continue Reading