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Asbestos Litigation Analysis
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EPA Publishes Draft Scope of Its Part 2 Risk Evaluation for Asbestos: Will the EPA Revisit Attempts to Implement a Nationwide Ban on Asbestos?

On Wednesday, December 29, 2021, the United States Environmental Protection Agency (EPA) published the draft scope of the “Risk Evaluation for Asbestos Part 2: Supplemental Evaluation Including Legacy Uses and Associated Disposals of Asbestos”. While more than 60 nations have comprehensive asbestos bans, the United States is undergoing a lengthy asbestos “risk evaluation”. As Part 2 of the EPA’s Asbestos Risk Evaluation becomes open for public comment, the question is whether the eventual findings of the EPA’s risk evaluation will result in stronger asbestos regulations, …

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New York / Summary Judgment
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Auto Manufacturer’s Motion for Summary Judgment Denied on Reargument

Supreme Court of New York, New York County, December 29, 2021

In this asbestos action, the plaintiffs filed a motion to reargue a previous decision that granted defendant Nissan’s motion for summary judgment based on misidentification of their product. By way of background, Nissan argued that Nissan brand vehicles could not have contributed to the plaintiff’s alleged asbestos exposure because Nissan did not manufacture Nissan brand vehicles until three years after the plaintiff’s alleged exposure. The court agreed and granted Nissan’s motion for summary judgement. …

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New York / Personal Jurisdiction
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Court Grants Jurisdictional Discovery from Foreign Defendant Following Personal Jurisdiction Motion

Supreme Court of New York, New York County, December 27, 2022

In the matter of Pira v. Air & Liquid Sys. Corp., defendant Steel Grip, Inc., filed a motion to dismiss the plaintiff’s case for lack of personal jurisdiction. With regard to specific jurisdiction, the defendant argued that it did not sell, distribute, or manufacture any products in the state of New York, and that all of the plaintiff’s alleged exposure to asbestos occurred on Italian cruise ships. With regard to general jurisdiction, the …

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Documents and Resources
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Asbestos Case Tracker 2021 Compendium

Goldberg Segalla’s Asbestos Case Tracker blog is the trusted resource for asbestos decisions happening in courts throughout the United States.

Ranked on the 2018 ABA Journal Web 100 for top legal resources, our blog reports on legislative updates, significant decisions, and other critical developments in the asbestos industry. Our team draws on experience litigating thousands of cases over the last 30 years, providing summaries and access to decisions, insightful commentary, in-depth feature articles,
links to valuable resources, and much more.

We are pleased to provide …

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Pennsylvania / Personal Jurisdiction
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Default Judgment Vacated by Plaintiff’s Failure to Serve Amended Complaint

U.S. District Court for the Middle District of Pennsylvania, January 7, 2022

The plaintiff Rhonda J. Gorton filed this asbestos-related lawsuit on behalf of her husband, the decedent Thomas Gorton, alleging the decedent contracted mesothelioma as a result of his exposure to asbestos-containing products. The defendant Warren Pumps did not respond to the complaint or otherwise have counsel enter an appearance on its behalf. On or about March 6, 2018, the decedent passed away. On July 9, 2018, the plaintiff filed an amended complaint alleging …

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Remand/Removal
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Motion to Remand Denied as District Court Exercised Supplemental Jurisdiction Over Plaintiff’s State Law Claims

U.S. District Court for the Eastern District of Louisiana, January 5, 2022

In this asbestos action, the plaintiff Lennard Stansbury claims that he developed mesothelioma following asbestos exposure while working at several jobsites in the New Orleans area from approximately 1966 until the late 1970s. Stansbury filed his complaint in November 2020 and was deposed in March 2021. The defendant Wausau filed a third-party demand which named Avondale Shipyards as a third-party defendant in August 2021. Thereafter, the third-party defendant Avondale filed a notice of …

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FELA / Pennsylvania
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Pennsylvania Supreme Court Rejects Consent Jurisdiction by Registration as Unconstitutional

Supreme Court of Pennsylvania, December 22, 2021

On December 22, 2021, the Supreme Court of Pennsylvania issued a landmark decision in the matter of Mallory v. Norfolk Southern Railway Company, holding that Pennsylvania’s general jurisdiction statute, 42 Pa.C.S. § 5301(a)(2), which conveys general jurisdiction over foreign corporations who register to do business in the Commonwealth, is unconstitutional.

In Mallory, the plaintiff, a Virginia resident, filed a Federal Employers’ Liability Act (FELA) action against the defendant Norfolk Southern Railway in the Philadelphia Court of …

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Pennsylvania / Pleadings Challenge
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Denial of Rail Defendant’s Forum Non Conveniens Motion Reversed on Appeal

Superior Court of Pennsylvania, December 21, 2021

The plaintiff filed a complaint against CSX Transportation, Inc. (CSXT) pursuant to the Federal Employers’ Liability Act alleging that his employment-based exposure to asbestos, diesel exhaust/fumes, and second-hand smoke either caused or contributed to the development of his colon cancer. The plaintiff worked for CSXT and its predecessors as a train brakeman and conductor beginning in 1974.

CSXT is a Virginia corporation that is headquartered in Florida. The plaintiff is a Maryland resident and worked for CSXT and …

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Louisiana / Summary Judgment
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Employer’s Motion for Partial Summary Judgment under Louisiana Workers’ Compensation Act is Denied

U.S. District Court for the Eastern District of Louisiana, December 20, 2021

The plaintiff filed suit alleging that he was diagnosed with mesothelioma as a result of exposure to asbestos spanning from the 1950s to 1980s, including take-home exposure from his father’s and brother’s work at Avondale Shipyards, personal exposure from his own work at Avondale from 1969 to 1972, and person exposure from his work for the defendant, Pelnor, from 1974 to 1983.

Pelnor filed a motion for partial summary judgment arguing that the …

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New York
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Denial of Summary Judgment to Flooring Defendants Affirmed on Motions to Reargue

Supreme Court of New York, New York County, December 6, 2021

Defendants American Biltrite and Mannington Mills moved to reargue their motions for summary judgment, arguing that the court overlooked and misapprehended facts in denying the same. On the motions to reargue, the court first found that both defendants failed to establish that the court misapprehended or overlooked the facts or law when it found that issues of fact existed to preclude summary judgment.

The defendants argued that the court mistakenly relied upon the report …

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