Causation Archives - Asbestos Case Tracker

June 14, 2023 Causation / Summary Judgment

Asbestos Supplier’s Motion for Summary Judgment Denied on Causation Grounds

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

The plaintiff’s decedent, Alfred Broderick, was allegedly diagnosed with asbestosis in March 2018, which he claimed was caused by exposure to asbestos. Mr. Broderick and his wife filed suit in the Philadelphia Court of Common Pleas in July 2018, and their case was removed to federal court in August 2018. Mr. Broderick passed away in January 2022, predeceased by his wife, who died in December 2021.

Prior to his passing, Mr. Broderick provided deposition testimony in …

Posted by: Kerry L. Jones

Talc Supplier’s Motion for Summary Judgment Denied as to Causation, Granted as to Punitive Damages

Court: Supreme Court of New York, Erie County

In this asbestos matter, plaintiffs claimed that decedent, Jeffrey Campise, was exposed to asbestos through consumer talcum powder products. Plaintiffs filed suit against a number of manufacturers of cosmetic-talc products, along with Whitaker, Clark & Daniels (WCD), as an alleged supplier of talc to the aforementioned manufacturers. WCD filed a motion for summary judgment seeking to dismiss plaintiffs’ claims in their entirety.

As a preliminary matter, WCD argued it was speculative as to whether its talc was in …

March 22, 2023 Causation / Motion to Renew / Summary Judgment

Posted by: Kerry L. Jones

Engine Company’s Motion to Renew Summary Judgment on Causation Grounds Denied

Supreme Court of New York, Nassau County

Defendant Perkins Engine, Inc. moved to renew a court order denying its motion for summary judgment. A motion for leave to renew or reargue is based on new facts not offered on the prior motion that would change the prior determination, and reasonable justification for the failure to present such facts on the prior motion.

The court had denied Perkins’ motion, finding that it failed to meet its initial burden on summary judgment by including expert support. That …

March 15, 2023 Appeal / Causation / Washington

Posted by: Kerry L. Jones

Dryer Felt Manufacturer’s Judgment Upheld on Appeal

Court: Court of Appeals of Washington, Division One

In this asbestos action, decedent Kevin Holdsworth worked at a paper mill in Camas, Washington from 1964 to 2001. He alleged exposure to asbestos from several sources during his employment, including from his role on the paper machine cleanup crew which required him to “blow down” every paper machine at the Camas mill.

Holdsworth also alleged exposure to asbestos from his role in the maintenance department at the Camas mill, where he frequently used a hammer to …