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Mesothelioma
Summary Judgment
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Summary Judgment to Navy Pump and Valve Manufacturers Overturned on Appeal

Superior Court of Pennsylvania

This case involved a deceased mesothelioma claimant, Thomas Korol, who alleged that he was exposed to asbestos while serving as a fireman and fireman’s apprentice aboard the U.S.S. Dahlgren from 1961 to 1963. Mr. Korol died prior to being deposed and, as such, the plaintiffs had to rely on three fact witnesses who were deposed regarding their time spent on the U.S.S. Dahlgren, allegedly at the same time as Mr. Korol. One of the fact witnesses recalled working with Mr. …

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Law theme. Judge chamber.
Significant Verdicts
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$25 Million Verdict Awarded in Asbestosis Case Following Trial Against Gasket and Packing Manufacturer

Philadelphia Court of Common Pleas, Philadelphia, Pennsylvania  

On Thursday, December 22, 2022, a Philadelphia jury handed down a $25 million verdict in an asbestosis case brought by the law firm of Nass Cancelliere. The award was comprised of $15 million in non-economic damages to 76-year-old plaintiff, Richard Daciw, and $10 million in loss of consortium damages to his wife, Winifred. John Crane, Inc. was the sole remaining defendant at trial. Twenty entities were included on the verdict sheet, comprised of both premises/employer defendants and …

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Mesothelioma
Other Asbestos News
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CDC Reports Increase in Malignant Mesothelioma Mortality in Women

In spring of this year, the Centers for Disease Control and Prevention (CDC) reported a 20-year rise in the number of mesothelioma deaths in women. Analyzing annual Multiple Cause of Death records from the National Vital Statistics System for 1999 to 2020, researchers found that the annual number of mesothelioma deaths among women in the United States increased from 489 in 1999 to 614 in 2020, which is a 25.6% increase. However, the age-adjusted death rate per 1 million women declined from 4.83 in 1999 …

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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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New York / Personal Jurisdiction
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Court Refuses to Pierce Corporate Veil to Satisfy Personal Jurisdiction; Invites Motion to Transfer

U.S. District Court for the Southern District of New York, August 9, 2021

The plaintiff alleged that the decedent, Eugene Paroni was exposed to asbestos while working at various jobsites from the 1960s through the 1980s. Paroni specifically alleged that one of the sources of his alleged exposure was from a “Ruston TA-1500” turbine that he encountered in the early 1970s at a plant in California. Paroni alleged that outside workers took apart and worked on the turbine equipment, which included asbestos blankets. The turbine …

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Louisiana / Summary Judgment
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Pre-Discovery Motion for Summary Judgment Denied in Shipyard Case

U.S. District Court for the Eastern District of Louisiana, July 12, 2021

The plaintiffs alleged that the decedent, Raymond Hutchins, was exposed to asbestos while working aboard vessels owned by his employer, Lykes Bros. Steamship Company, from 1964 to 2006. Specifically, the plaintiffs alleged that Hutchins was exposed to asbestos from dockside repair work performed by the defendant, Dixie Machine Welding & Metal Works, Inc. (Dixie Machine). In support of this contention, the plaintiffs argued that Lykes Bros. was Dixie Machine’s largest customer from the …

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General
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Study Identifies New Genetic Mutation Linked to Mesothelioma—LRRK2

In a study published on May 18, 2021 in Human Molecular Genetics, researchers at Fox Chase Cancer Center in Philadelphia, along with a team of international researchers, identified another genetic mutation, in addition to BAP1, that may predispose individuals to malignant mesothelioma.

The authors of the study, which was overseen by Joseph R. Testa, PhD, FACMG of the Cancer Signaling and Epigenetics Program at Fox Chase, first recognized that at this point, “[t]here is irrefutable evidence that germline BAP1 mutations contribute to malignant mesothelioma …

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New York / Summary Judgment
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Wire and Cable Company’s Motion for Summary Judgment on Causation Denied

Supreme Court of New York, New York County, May 11, 2021

The plaintiff alleged that the decedent, Alvin Smith, was exposed to asbestos from skinning, stripping, and pulling asbestos-containing wire and cable manufactured by the defendant, Ericsson, Inc.’s predecessors, Anaconda Wire & Cable Company and Continental Wire & Cable Company, at various locations throughout his career. Mr. Smith testified during his deposition that he was exposed to asbestos dust during his work with these products. Ericsson moved for summary judgment arguing that the plaintiff failed …

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Louisiana / Remand/Removal
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Federal Officer Removal Upheld for Employer Steam Ship Company

U.S. District Court for the Eastern District of Louisiana, May 17, 2021

The plaintiffs alleged that the decedent, Raymond Hutchins, Jr. was exposed to asbestos while working aboard vessels owned and operated by his employer, Lykes Brothers Steamship Company from 1964 to 2006. Specifically, the plaintiffs alleged that Mr. Hutchins worked aboard several vessels built by Avondale Shipyard pursuant to its contracts with the United States Maritime Administration. The plaintiffs filed their suit in state court, and Huntington Ingalls, as successor to Avondale, removed the …

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Pennsylvania / Summary Judgment
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Steam Equipment Manufacturer Granted Summary Judgment on Product Identification Grounds

U.S. District Court for the Western District of Pennsylvania, April 28, 2021

The plaintiff alleged that the decedent, Carl E. Gay, was exposed to asbestos while serving in the U.S. Navy and the U.S. Air Force from 1946 to 1958 and 1958 to 1967, respectively; and while employed by General Electric Co. from 1967 to 1974 and Stone and Webster from 1974 to 1989; and from performing Shadetree automotive work beginning in the 1940s. Mr. Gay was deposed over the course of nine days and …

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