Category: General

In 1982, epidemiologists predicted that the incidence of asbestos-related malignant diseases would begin to decline by the late 2000s. Forty years later, with 2022 beginning in less than a month, the question is: were they right?

Asbestos was widely used in industrial and other work and residential settings through the early 1970s. Asbestos consumption in the United States peaked in 1973 and then dropped dramatically during the next three decades. Throughout the late 1990s and early 2000s, the number of asbestos claims exploded, …

United States District Court for the Southern District of Florida, August 31, 2021

In this asbestos action, plaintiffs David and Dorothy Bateman commenced an action alleging that David Bateman developed mesothelioma after being exposed to asbestos from eleven defendants’ products, including Bigham Insulation & Supply Company, Inc., a Florida corporation with a principal place of business in Florida. The plaintiffs filed a Motion to Remand following the defendants’ filing of a Notice of Removal. The plaintiffs argue that the defendants failed to prove that Bigham …

U.S. District Court for the District of Delaware, July 16, 2021

The plaintiff filed this personal injury action against multiple defendants in the Superior Court of Delaware asserting claims arising from the decedent’s harmful exposure to asbestos. The plaintiff alleges the decedent developed mesothelioma as a result of exposure to defendant Nash Engineering Co.’s (Nash) asbestos-containing products during the decedent’s service as a boiler tender in the United States Navy. The lawsuit was removed to federal court on the basis of the federal officer removal …

In a study published on May 18, 2021 in Human Molecular Genetics, researchers at Fox Chase Cancer Center in Philadelphia, along with a team of international researchers, identified another genetic mutation, in addition to BAP1, that may predispose individuals to malignant mesothelioma.

The authors of the study, which was overseen by Joseph R. Testa, PhD, FACMG of the Cancer Signaling and Epigenetics Program at Fox Chase, first recognized that at this point, “[t]here is irrefutable evidence that germline BAP1 mutations contribute to malignant mesothelioma …

Supreme Court of New York, New York County, March 31, 2021

Defendant The William Powell Company filed this instant motion for summary judgment pursuant to CPLR 3212 to dismiss plaintiff’s complaint and all cross-claims, based on the plaintiffs’ alleged failure to make a prima facie showing that plaintiff Nicholas J Esposito, Jr. (the decedent) was actually exposed to fibers released from a product sold, supplied and/or distributed by Powell. The decedent was diagnosed with Stage IV lung cancer in May 2019 which led to his …

Superior Court of California, County of Alameda, September 3, 2020

In one of the first asbestos-related Zoom trials in the country, Honeywell International, Inc., successor in interest to Bendix Corp., won a defense verdict. The plaintiff, Ricardo Ocampo, alleged that he was exposed to asbestos from working as a janitor at various auto dealerships and manufacturing businesses between 1991-1997 and that his exposure caused him to develop mesothelioma.

The jury deliberated for two days before returning the defense verdict.…

We are pleased to provide the 2019 Asbestos Case Tracker Compendium containing all of the posts throughout the second half of 2019 to clients and friends of Goldberg Segalla.

Goldberg Segalla’s Asbestos Case Tracker is the go-to resource for up-to-date asbestos decisions happening in courts throughout the United States. Ranked on the 2018 ABA Journal Web 100 for top legal resources, our blog reports on legislative updates, significant verdicts, and other critical developments in the asbestos area. We provide summaries of and access to decisions, …