Category: Causation

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Causation / Experts / Motion to Preclude / Summary Judgment
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Defendant’s Motion for Summary Judgment Granted Based on Expert Preclusion

Jurisdiction: United States District Court for the Southern District of New York

Plaintiff Scott Keller alleged that he was exposed to asbestos during his employment on ExxonMobil Oil Company vessels and that he developed lung cancer as a result. Exxon eventually moved for summary judgment and sought to preclude the opinions and testimony of plaintiff’s three expert witnesses, including Richard L. Kradin, M.D. Plaintiff also moved to preclude the opinions and testimony of certain Exxon experts.

The court first addressed Exxon’s motion to preclude Dr. …

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Appeal / Causation / Motion for Summary Judgment / Talc
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Court Reverses Denial of J&J’s Motion for Summary Judgment on Causation Grounds

Court: Supreme Court of New York, Appellate Division, First Department

The Supreme Court of New York, Appellate Division, First Department earlier this week unanimously granted defendants Johnson & Johnson and LTL Management LLC’s — (J&J collectively) — appeal of its causation motion for summary judgment and dismissed the complaint against J&J in a reversal of the Supreme Court, New York County (NYCAL) April 2024 decision.

The First Department held that J&J made a prima facia showing of entitlement to summary judgment by submitting epidemiological studies …

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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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Asbestos Exposure / Causation / Mesothelioma / Summary Judgment
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Defendant’s Motion for Summary Judgment in Asbestos Action Partly Granted

Jurisdiction: Superior Court of Rhode Island, Providence

Plaintiffs alleged decedent Peter A. Lowe Sr. was exposed to asbestos while employed with his father’s company – Lowe Excavating and Construction – from approximately 1965 until the late-1970s. Plaintiffs allege this exposure resulted in Mr. Lowe being diagnosed with malignant mesothelioma in 2018, which ultimately caused him to pass away in August 2019. Plaintiffs initiated litigation asserting several theories of liability, including failure to warn, negligence, strict liability, breach of express and implied warranty, and other related claims, …

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Causation / Expert Opinion / Warnings
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Rhode Island Court Denies and Grants, in Part, Joint Defense Motion to Exclude Plaintiff’s Experts

Court: Superior Court of Rhode Island, Providence

In this asbestos action, plaintiffs claim decedent, Bonnie J. Bonito, developed mesothelioma from exposure to asbestos from laundering her late ex-husband’s work clothing (her ex-husband worked in construction during their marriage). In support of their position, plaintiffs provided expert reports authored by Dr. Richard Kradin, who provided an opinion on the specific causation of Ms. Bonito’s disease; and Dr. Michael Ellenbecker, who opined that the defendants’ products increased Ms. Bonito’s risk of developing mesothelioma, and that defendants should …

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Causation / Summary Judgment
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Caulking Manufacturer’s Motion for Summary Judgment on Causation Grounds Denied

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

In this asbestos matter, decedent, Anna M. Buczynski, alleged exposure to asbestos from laundering the clothing of her former husband, Anthony Buczynski. From 1976 to 2000, Mr. Buczynski used caulking and glazing products manufactured by DAP Inc. in various homes he shared with Ms. Buczynski, as well as for servicing customers of his hardware business. Mr. Buczynski testified that asbestos dust from the caulking and glazing products would cover his clothing, and that Ms. Buczynski …

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Causation / Experts / Subpoenas / Talc
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Plaintiff’s Causation Expert Must Identify Subjects of Talc Causation Studies

Court: Supreme Court of the State of New York, Appellate Division, First Judicial Department

The Supreme Court of the State of New York, Appellate Division, First Judicial Department recently determined that a causation expert widely used by plaintiffs in talc litigation, Dr. Jacquline Moline, must identify the subjects of her talc causation studies.

Johnson & Johnson (J&J ) sought out-of-state subpoenas in the Supreme Court of New York, New York County (NYCAL), in connection with ongoing litigation in New Jersey. The subpoenas specifically requested that …

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Causation / Expert Testimony / Motion to Dismiss
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Pump Manufacturers’ Motion to Exclude Expert Causation Testimony Granted In-Part

Court:  United States District Court for the Middle District of Florida, Tampa Division

In this asbestos action, defendants Atwood & Morrill Co. Inc. and Warren Pumps LLC filed a Daubert motion to exclude, or limit, certain causation testimony and opinions of plaintiff’s expert, David Zhang, MD.

Plaintiff Arnold Edmonds served aboard the USS Saratoga from 1962-1964. While on the ship, he was allegedly exposed to asbestos, which allegedly caused him to develop non-small cell lung carcinoma. Plaintiff filed suit against more than 20 companies and …

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Causation / Motion to Dismiss / New York / Summary Judgment
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Putty Manufacturer and Talc Disturber’s Motion to Dismiss on Causation Grounds Denied

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

In this asbestos action, plaintiff Jennifer Peganis alleged take-home exposure to asbestos from laundering her husband’s work clothing. Defendant Donald Durham Company moved to dismiss the action on the basis that plaintiff failed to establish causation. Defendant Vanderbilt Minerals LLC jointed Durham’s motion to dismiss, arguing that Vanderbilt’s only connection to the action is due to its talc being a component ingredient in Durham’s water putty.

The moving defendants relied upon three experts: (1) Brittani …

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Causation / Maritime/Admiralty Law / Punitive Damages / Sovereign Immunity / Summary Judgment
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Summary Judgment Denied as to U.S. Navy Ship Product Suppliers; Court Determines Florida Law Applies

U.S. District Court for the Eastern District of Pennsylvania

Plaintiff Leona Rhoades, on behalf of the estate of her husband, Dewey T. Rhoades, commenced this action against a variety of defendants, alleging that their products contained asbestos that contributed to her husband’s lung cancer and eventual passing. Mr. Rhoades had been employed as a mechanical repair worker on various jobsites, including on U.S. Navy Ships in Florida. The three remaining defendants, General Electric Company (GE), Raytheon Technologies Corporation (RTC), and Northrop Grumman Corporation (NGC) each …

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