Author: Asbestos Case Tracker

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Punitive Damages / Summary Judgment
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Supplier Defendant Succeeds in Opposing Punitive Damages

Superior Court of California, County of Los Angeles

In this asbestos action, the court considered various defense motions.

Defendant Western Auto Supply company filed a request opposing punitive damages, arguing that the plaintiffs cannot prove that it acted with oppression, malice or fraud. Summary judgment or summary adjudication on the issue of punitive damages is proper only when no reasonable jury could find the plaintiff’s evidence to be clear and convincing proof of malice, fraud or oppression.

For a corporate defendant, the oppression, fraud or …

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Florida / Summary Judgment
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Grant of Summary Judgment to Brake Manufacturer Reversed on Appeal

Court: Court of Appeal of Florida, First District 

The decedent, Joan Smith, died from mesothelioma allegedly caused by secondary exposure to asbestos through laundering her husband’s work clothing. From 1969 through 1993, Mr. Smith was employed as a mechanic and performed brake work on Mack heavy trucks. Mack did not manufacture its own brakes but rather purchased them from third-party suppliers, including Carlisle Industrial Brake & Friction. 

Carlisle acknowledged that it sold asbestos-containing brake linings to Mack from 1974 to 1979.  Mack, however, was only …

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New York / Summary Judgment
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Power Companies’ Motion for Summary Judgment Denied

Court: Supreme Court of New York, New York County

Long Island Lighting Company (LILCO) is a subsidiary of Long Island Power Authority (LIPA). LIPA was created “to remedy LILCO’s conduct as a private electric provider” by closing LILCO’s Shoreham Nuclear Power Station — where the plaintiff-decedent was allegedly exposed to asbestos — and saving LILCO customers money by reducing utility costs. 

LIPA and LILCO moved for summary judgment on that basis that the plaintiff failed to (1) bring their claims within the statute of limitations …

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Arizona / Expert Testimony / Summary Judgment
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Partial Exclusion of Expert Opinion Leads to Summary Judgment for Talc Defendant

Court: Superior Court of Arizona, Maricopa County

In this asbestos action, plaintiff Jeffrey Weiss alleges that he developed mesothelioma as a result of his use of various brands of talcum powder products from 1979 to 2011. Plaintiffs assert that asbestos is an accessory mineral that may be naturally present in talc. Defendants recognize that some scientists claim to have identified asbestos fibers in cosmetic talc powders. Defendants further argue that, even if some fibers in talc are considered to be asbestos, it has not been …

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California / Significant Verdicts
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$107 Million Verdict Awarded in Mesothelioma Case Against Raw Asbestos Supplier

Jurisdiction: Superior Court of California, County of Los Angeles

A California jury on July 7 and July 11 handed down major verdicts with awards totaling more than $100 million in a case involving the death of maintenance employee from mesothelioma caused by his alleged exposure to asbestos.

Comprised of $32 million in compensatory damages, and $75 million in punitive damages, the awards came at the conclusion of a two-phase trial before Judge Cary Nishimoto in Los Angeles County Superior Court.

The jury apportioned liability as …

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Motion to Dismiss
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Various Defendants’ Motions to Dismiss Granted for Failure to Identify Specific Product

U.S. District Court for the Eastern District of Missouri, Eastern Division

As previously reported by the Asbestos Case Tracker, decedent Gustave Sahm died from lung cancer allegedly caused by asbestos exposure from 1956 to 2020 while serving in the Navy and working at various jobs throughout his career. His heirs filed suit in the Circuit Court of the City of St. Louis in January 2023, alleging claims of wrongful death including the following four counts against all defendants: strict liability, negligence, willful and wanton misconduct …

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Choice of Law / Workers' Compensation
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Delaware Workers’ Compensation Statute Bars Civil Claim

Superior Court of Delaware, New Castle

Plaintiff Jeffery Saunders filed an action against numerous defendants, alleging that he was exposed to asbestos-containing products and sustained resulting injuries. Defendant Atlantic Plant Management (APM) moved for summary judgment, arguing that Delaware law applies and that the plaintiff’s claim is barred by the exclusivity provision of the Delaware workers’ compensation statute. The court agreed, granting APM’s motion. The plaintiff filed a Motion for Reargument, which was considered by the court.

The plaintiff worked out of the Delaware Carpenters …

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Summary Judgment
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Questions of Fact Split Summary Judgment for Valve Defendants

U.S. District Court for the Western District of Washington

In this asbestos action, the plaintiff alleges that decedent David Welch’s mesothelioma was caused by his exposure to asbestos from his service in the U.S. Navy aboard the USS Carronade and the USS Princeton. The plaintiff filed a complaint against defendants Crane Co. and Velan Valve Corporation, alleging that the decedent’s mesothelioma was caused by asbestos-containing components and insulation manufactured by the companies. The plaintiff’s claims are based on “negligence and strict product liability under Section …

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Documents and Resources
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Asbestos Case Tracker 2022 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 2022 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.

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Courtroom, Gavel And Law Books
Asbestos Litigation Analysis
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2022 Asbestos Litigation Trends

KCIC recently issued its latest industry report: Asbestos Litigation: 2022 Year in Review, which collected data through January 31 of this year, and assessed that data alongside statistics from its 2021 Year in Review.   

Several takeaways from the update, each addressed at greater length below, are as follows:  

  1. As of January 31, 2023, the total asbestos filings reflected a decrease of 7 percent compared to total filings in 2021.   
  2. Mesothelioma filings increased 2 percent in 2022; however, filings for other disease types, including lung
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