Asbestos Case Tracker 2024 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 a compendium of 2024 Asbestos Case Tracker posts to our clients and friends and hope it will serve as a convenient resource for you.

To download the 2024 ACT Compendium, please complete and submit the form below.

Continue Reading
Courtroom, Gavel And Law Books

Chemical Company’s Renewed Motion to Dismiss Amended Complaint Granted

Jurisdiction: United States District Court for the Southern District of Florida

Plaintiff Douglas S. Johnson, one of the surviving children and personal representative of the estate of decedent French E. Johnson, filed an amended complaint against 50 defendants, including The Dow Chemical Company. The amended complaint alleged that decedent developed mesothelioma due to his exposure to asbestos while serving in the United States Navy, during his employment with NASA at the Kennedy Space Center, and in connection with non-occupational automotive maintenance and repairs.

In response …

Continue Reading
Courtroom, Gavel And Law Books

Grant of Summary Judgment to Aluminum Plant Owner Reversed

Jurisdiction: Court of Appeals of Iowa

We previously reported on this matter involving the decedent, Charles Beverage, who was employed as an independent contractor at an aluminum plant between the 1950s and the mid-1970s. Following his death in October 2015, the decedent’s estate filed a products liability suit against several defendants, including Alcoa Inc., the aluminum plant’s owner, and Iowa-Illinois Taylor Insulation Inc., an installer of insulation, alleging that the decedent was exposed to asbestos during his employment and subsequently contracted mesothelioma. 

At that time, …

Continue Reading
Courtroom, Gavel And Law Books

Defense Verdict in Retrial of Packing Manufacturer

Superior Court of California, County of San Francisco

Plaintiff Lisa Castillo filed an action in the San Francisco, California Superior Court alleging that her husband, Abraham Castillo, died of mesothelioma as a result of his exposure to asbestos during his service in the United States Navy in the 1980s and later employment as a refrigeration mechanic from 1983 to 2013. The case proceeded to trial against John Crane, Inc. on theories of negligence and design defect. The plaintiff alleged that John Crane supplied asbestos-containing packing …

Continue Reading
judge's gavel and books

Motion to Dismiss Damages under Maritime Law Granted in Part

Jurisdiction: United States District Court for the Central District of California

In this action, the plaintiffs filed suit on behalf of the decedent, William Banks, in Los Angeles County Superior Court and thereafter removed the case to federal court. The plaintiffs pursued survival and wrongful death causes of action based on Banks’ alleged exposure to asbestos while serving in the United States Navy, and subsequent death from epithelial mesothelioma. Banks served as a machinist mate aboard several ships in the U.S. Navy from 1961 to …

Continue Reading
Courtroom, Gavel And Law Books

Motion for Partial Summary Judgment of Regulator Manufacturer Denied

Court: Supreme Court of the State of New York, New York County (NYCAL)

Plaintiff John B. Daly, Jr. worked as a mechanic for Consolidated Edison Company from 1976 to 2012. He alleged exposure to asbestos-containing gaskets affiliated with regulators manufactured by Fisher Controls International LLC during this period.

Fisher filed a motion for partial summary judgment, denying liability as they did not manufacture, sell, supply or otherwise recommend the use of asbestos-containing gaskets. In support of their motion, Fisher cited the New York Court of …

Continue Reading
Courtroom, Gavel And Law Books

Denial of Dryer Felt Manufacturer’s Motion for Judgment Notwithstanding the Verdict Affirmed

Court: Supreme Court of South Carolina

In this mesothelioma matter, the Supreme Court of South Carolina granted a writ of certiorari to review decisions of the South Carolina Court of Appeals affirming (1) the trial court’s denial of Scapa Waycross Inc.’s motion for judgment notwithstanding the verdict based on the insufficiency of the evidence as to causation, (2) the trial court’s order granting a new trial nisi additur, and (3) the trial court’s denial of Scapa’s motion to reallocate pretrial settlement proceeds.

The court determined …

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.

Continue Reading