LATEST INSIGHTS

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Bankruptcy
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Asbestos Bankruptcy Trusts Announce Intent to Destroy Data and Documents

Earlier this year, at least four asbestos bankruptcy trusts including WR Grace, Babcock & Wilcox, Pittsburgh Corning and Owens Corning, issued notices regarding their intent to destroy data and documents submitted by claimants that have qualified for payment.

Pursuant to these proposed record retention policies, the trusts plan to begin the destruction of data and documents in for resolved claims that (1) were issued payment more than one year ago, or (2) were withdrawn more than one year ago. Copies of these records will remain …

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Mesothelioma / Personal Jurisdiction
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Plaintiffs’ Successful Appeal of Trial Court’s Order Granting Defendant’s Motion to Quash Service

Court of Appeal of California, First Appellate District, Division Four

Blanca Hernandez, et al., v. Volkswagen Aktiengesellschaft, et al.

The plaintiffs allege that the decedent, Raul Hernandez, had occupational exposure to asbestos over a 40-year career as an automobile mechanic, including exposure to asbestos-containing brakes and clutches from Toyota cars at a Toyota dealership from 1977 to 2009. The decedent was subsequently diagnosed with mesothelioma. The plaintiffs further claim these Toyota vehicles incorporated OEM and genuine Toyota replacement parts with asbestos-containing friction components supplied by …

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Asbestos Exposure / Mesothelioma / Minimum Contacts / Personal Jurisdiction / Stream of Commerce
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Plaintiffs’ Appeal of Trial Court’s Order Granting Defendant’s Motion to Quash Service of Summons Successful in California

Court of Appeal of California, First Appellate District, Division Four

Blanca Hernandez, et al., v. Volkswagen Aktiengesellschaft, et al.

This litigation arises from claims of asbestos exposure. The plaintiffs allege the decedent, Raul Hernandez, had occupational exposure to asbestos over a 40-year career as an automobile mechanic, including exposure to asbestos-containing brake shoes, brake pads, clutch plates, gaskets, and transmission bands while working on Volkswagen cars at Volkswagen dealerships between 1969 and 1976. The decedent was subsequently diagnosed with mesothelioma. The plaintiffs filed a complaint …

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Insurance Coverage
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Insurer Determined to Owe a Duty to Defend Asbestos Exposure Claims from Vermiculite Mining

This insurance-coverage dispute involved alleged asbestos exposure from asbestos-containing vermiculite mined from Vermiculite Mountain outside of Libby, Mont.  The court acknowledged that vermiculite ore may contain toxic asbestos minerals, which alleged exposure formed the basis for the lawsuit.

Specifically, in Zurich Am. Ins. Co. v. Burlington N. & Santa Fe Ry. Co. (March 13, 2025), appellant Zurich argued the trial court erred in granting Burlington Northern and Santa Fe Railway Company’s (BNSF) summary judgment while also denying Zurich’s two summary-judgment motions concerning its duty to …

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Defense Verdict
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Jury Returns Verdict for American Honda in Asbestos Brakes Case

Jurisdiction: Calif. Super., Los Angeles Co.

Plaintiff Jose Estrada filed suit alleging exposure to asbestos from a variety of products, including automobile parts during his employment at a tire store. Mr. Estrada was diagnosed with mesothelioma, and brought the instant suit, along with his wife, Isabel, who claimed loss of consortium. Jose Estrada claimed that his exposure was in part from brake assemblies manufactured by American Honda and sold at the tire store. Plaintiff alleged strict liability, design defect, failure to warn and negligence as …

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Causation / Experts / Motion to Preclude / Summary Judgment
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Defendant’s Motion for Summary Judgment Granted Based on Expert Preclusion

Jurisdiction: United States District Court for the Southern District of New York

Plaintiff Scott Keller alleged that he was exposed to asbestos during his employment on ExxonMobil Oil Company vessels and that he developed lung cancer as a result. Exxon eventually moved for summary judgment and sought to preclude the opinions and testimony of plaintiff’s three expert witnesses, including Richard L. Kradin, M.D. Plaintiff also moved to preclude the opinions and testimony of certain Exxon experts.

The court first addressed Exxon’s motion to preclude Dr. …

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Asbestos Exposure / Summary Judgment
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Federal Court in Louisianna Grants Plaintiff’s Motion for Partial Summary Judgment

Jurisdiction: United States District Court for the Eastern District of Louisiana

This case arises from Plaintiff Nolan J. Lebouf Jr.’s alleged exposure to asbestos. The plaintiff specifically claims to have been exposed to asbestos during his work at the Avondale Shipyard in the 1970s and 1980s. 

Plaintiff filed a petition for damages in state court against Avondale and others asserting liability for his asbestos exposure and resulting mesothelioma. In his petition, plaintiff asserted that Avondale negligently failed to warn and disclose or otherwise protect him …

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Asbestos Exposure / Negligence / Verdict
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Illinois Jury Finds for Plaintiff in Wrongful Death Action Involving Asbestos Exposure

Jurisdiction: Illinois Circuit Court – Cook County

This lawsuit involved a survival and wrongful death action brought under the Federal Employers’ Liability Act (FELA) in Illinois.  Plaintiff, Annette Sanders, represented the estate of her late husband, Joseph Sanders, against CSX Transportation Inc., Mr. Sanders’ former employer.

Mr. Sanders worked as a plumber and sheet metal worker for CSX, primarily at the Barr Yard in Riverdale, Ill. from 2002 to 2014. During this time, it’s alleged that Mr. Sanders was exposed to carcinogenic toxins, including asbestos, through …

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Asbestos Exposure / Summary Judgment
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Federal District Court Grants Pump Manufacturer’s Motion for Summary Judgment in Asbestos Action

U.S. District Court for the District of Delaware

Michele Salvemini, et al. vs. Air & Liquid Systems Corporation, et al.

In this asbestos action, plaintiff Michele Salvemini alleges exposure to asbestos while working as a marine engineer and shipyard mechanical worker on various merchant and U.S. Navy ships from 1974 to 2007. During this timeframe, Mr. Salvemini specifically claims asbestos exposure from performing repairs and maintenance on asbestos-containing pumps, gaskets and other related products in the engine rooms of these ships. In April 2022, Mr. …

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Asbestos Litigation Analysis
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EPA Requests Fifth Circuit to Uphold Asbestos-Ban Rule

The U.S. Environmental Protection Agency filed a brief Feb. 7 with the Fifth U.S. Circuit Court of Appeals to uphold its prior rule banning chrysotile asbestos.

The rule was issued by the EPA pursuant to relevant provisions of the Toxic Substances Control Act, 15 U.S.C. § 2605, et seq (“TSCA”). Under the TSCA, Section 6(a) granted the EPA with the authority to regulate or restrict the manufacture, processing, distribution, use, and disposal of a chemical substance if it is determined to present an “unreasonable risk” …

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