Author: Anthony I. Perchiacca

Wooden judge gavel, close-up view.
Contacts / Forum State / General Jurisdiction / Motion to Dismiss / Personal Jurisdiction / Powder / Principal Place of Business / Stream of Commerce
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Defendant’s Motion to Dismiss Reversed by Court of Appeals of Indiana

Jurisdiction: Court of Appeals of Indiana

In this asbestos action, it was alleged that decedent, Ronald McBride had asbestos exposure from the use of asbestos-containing talcum powder products while living in Indiana and Florida from 1970 to 2021. In August 2021, it was further claimed that Mr. McBride was diagnosed with malignant pleural mesothelioma because of the purported asbestos exposure. 

In October 2021, Mr. McBride and his spouse, Michele McBride commenced a mass-tort action by filing a complaint with the Marion County Superior Court in Indiana …

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Mesothelioma / Negligence / Product Defect / Strict Liability
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Florida Jury Awards Plaintiff $18 Million in Asbestos Case against Brake Grinding Manufacturer

Court: Florida – 17th Judicial Circuit Court

Plaintiff, Denise J. Guth Cook alleged asbestos exposure from consumer talc products and automobile parts. She specifically alleged bystander and household exposure from asbestos-tainted clothes worn by her father and brother, who worked at automotive repair shops. She further claimed to have developed malignant epithelioid mesothelioma of the peritoneum because of the alleged asbestos exposure.

Ms. Cook ultimately filed a complaint in Broward County, Florida’s 17th Judicial Circuit Court, naming Hennessy Industries, Inc. and others as defendants. Her complaint …

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Wooden judge gavel, close-up view.
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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The law concept background.
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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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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Courtroom, Gavel And Law Books
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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Mesothelioma / Motion to Dismiss / Statute of Limitations
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Supreme Court of New York Grants Defendants’ Motion to Dismiss Based upon Statute of Limitations

Supreme Court of New York – New York County

Eric Biljetina, et al. vs. Brenntag North America, Inc., et al.

In this action, the plaintiffs allege the decedent had asbestos exposure through the use of Jean Nate talcum powder. The decedent was ultimately diagnosed with mesothelioma in 2016. In 2024, the plaintiffs filed a Third Amended Complaint to join L’Oreal USA, Inc., as a defendant in this action. The plaintiffs alleged this defendant had ties to the claimed Jean Nate powder product. The defendant ultimately …

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Business and lawyers discussing contract papers with brass scale on desk
Asbestos Exposure / Causation / Mesothelioma / Shipyard
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Court Rules in Favor of Defendant in Asbestos Action for Lack of Causation

Jurisdiction: United States District Court for the Western District of Washington

Plaintiff claimed decedent Geraldine Rabb Perkins had asbestos exposure resulting in her diagnosis of mesothelioma.

Plaintiff specifically alleged that Mrs. Perkins had para-occupational asbestos exposure originating from Puget Sound Naval Shipyard where decedent’s husband, Harang Joseph Perkins, worked as a machinist’s mate for the U.S. Navy between approximately 1968 and 1974. It was claimed Mrs. Perkins had para-occupational asbestos exposure from laundering Mr. Perkins work clothes.

Prior to being diagnosed with mesothelioma, Mrs. Perkins …

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