Business and lawyers discussing contract papers with brass scale on desk

A Review of 2023 Efforts to Broaden Wrongful Death Acts

Several states over the past year have eliminated limitations that have been part of Wrongful Death Acts. 

In Maine, the Legislature enacted “An Act to Amend the Laws Governing Damages Awarded for Wrongful Death.” As a result, the cap for wrongful death, non-economic damages — loss of comfort, society, and companionship — was increased from $750,000 to $1,000,000 and will automatically be adjusted for inflation each year. The punitive damages ceiling was raised from $250,000 to $500,000, and the timeline for commencing a wrongful death …

Continue Reading

Motion for Summary Judgment Denied under Sophisticated User and Purchaser Doctrine

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 …

Continue Reading
Wooden judge gavel, close-up view.

Motion for Summary Judgment of Valve Manufacturer Denied

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 …

Continue Reading
judge's gavel and books

Defendant’s Motion for Summary Judgment Based on Workers’ Compensation Defense Denied

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.…

Continue Reading
Asbestos Case Tracker 2023 End of Year Compendium

Asbestos Case Tracker 2023 Compendium

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

Continue Reading
Judge chamber with gavel

Motion for Summary Judgment of Gasket and Packing Manufacturer Granted in Part and Denied in Part

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 …

Continue Reading
judge's gavel and books

Motion for Partial Summary Judgment of Shipyard Subcontractor Granted

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 …

Continue Reading
The law concept background.

Plaintiff’s Motion for Partial Summary Judgment to Prevent Government Contractor Defense Granted

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, …

Continue Reading
Law theme. Judge chamber.

Plaintiff’s Motion to Remand Granted in Leopold v. Air

U.S. District Court for the Southern District of Illinois

In Leopold v. Air, plaintiff Debra Leopold filed an asbestos action in the Circuit Court for the Third Judicial Circuit, Madison County, Illinois. Defendant Goulds Pumps, LLC removed the case to the U.S. District Court for the Southern District of Illinois pursuant to the provisions of 28 U.S.C. § 1442(a)(1) with only one defendant, Carrier Corporation joining in the motion. In response, the plaintiff filed a motion to remand. No objections were filed to the motion.…

Continue Reading
judge's gavel and books

Glove Manufacturer Denied Summary Judgment in NYCAL

Court: Supreme Court of New York, New York County

In this asbestos action, decedent Giacinto Pira alleged he was exposed to asbestos from gloves manufactured by defendant Steel Grip.

Steel Grip moved for summary judgment, arguing that plaintiff did not establish exposure to asbestos or causation from Steel Grip gloves. In support, Steel Grip proffered an expert report opining that the levels of asbestos released from their gloves would not be sufficient to cause mesothelioma. Plaintiff opposed Steel Grip’s motion, citing plaintiff’s testimony identifying Steel Grip …

Continue Reading