List of Asbestos Products Used at Trial to Refresh Plaintiff’s Recollection in Multi-Million Dollar Verdict

NEW YORK – A New York Appellate Court upheld the trial court’s finding that the plaintiff Pietro Macaluso’s use of a list of products to refresh his recollection of alleged exposure to asbestos was proper in a recent multi-million dollar verdict. The verdict was stipulated down to $10 million for pain and suffering, $9 million for Macaluso’s son’s loss of parental guidance, and $10 million for his daughter’s loss of parental guidance. The court also ordered a new trial on damages to $4 million for …

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Lack of Specific Personal Jurisdiction Leads to Dismissal of Alleged Successor to Joiner Contractor

NEW JERSEY – The plaintiff filed suit against multiple defendants alleging her decedent developed mesothelioma from exposure to asbestos containing products used or installed by the defendants including, RBC Sonic. It was alleged that Robert Fish was exposed to asbestos panels installed by a joiner contractor while working at the New York Shipbuilding and Drydock located in New Jersey in 1960. Sonic Industries, Inc. (Sonic) moved to dismiss the complaint for lack of specific personal jurisdiction.

The court stated that a plaintiff must “present a …

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Court Calls For Supplemental Briefing For Summary Judgment Motion Following DeVries Decision

WASHINGTON — A federal court in Washington state called for supplemental briefing prior to ruling on summary judgment motions in two similarly situated cases involving maritime exposures. Donald Yaw worked as a shipfitter, structural planner, and estimator at the Puget Sound Naval Shipyard (PSNS) in Bremerton, Washington from 1964 to 2001. Thomas Deem worked as an outside machinist at PSNS from 1974 to 1981. The plaintiffs alleged that Mr. Yaw and Mr. Deem’s fatal mesotheliomas were caused by both the use of asbestos-containing products and …

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Meteorologist’s Opinion Insufficient to Support Environmental Claim to Asbestos; Summary Judgment Granted Superior Court of Delaware

DELAWARE — In Werner Rath v. 3M Company, et al., the court ruled on a defendant Oyj Partek Ab’s (Partek) motion for summary judgment. The plaintiff alleged occupational exposure to asbestos while working as a union carpenter at a number of industrial sites in Delaware and New Jersey. One week before the plaintiff’s deposition was scheduled to take place, the plaintiff’s counsel filed a motion for leave to amend to file an amended complaint joining additional defendants, including Partek. Partek was one, non-exclusive supplier …

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Midwest Asbestos Litigation Conference

On Friday, September 23, 2016, Paul L. Knobbe, partner in Goldberg Segalla’s Toxic Torts Practice Group, will be among the faculty at HarrisMartin’s 8th Annual Midwest Asbestos Conference in St. Louis. Paul will be speaking on the topic “Naval Vessels and Liability for Asbestos Components.”

Other topics that will be discussed at the conference include:

  • Secondary Exposure – Recent Decisions in Key Jurisdictions
  • Pointers on Appellate Practice in Illinois and Missouri – An Appellate Primer
  • Bankruptcy Trust Updates
  • Special Issues in Asbestos Depositions and
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Litigating Asbestos Cases in Today’s Environment

On Wednesday, December 2, 2015, Joseph J. Welter, partner and Co-Chair of Goldberg Segalla’s Toxic Torts Practice Group, will be speaking at “Litigating Asbestos Cases in Today’s Environment” presented by Perrin Conference in New York City. This is Perrin’s 5th annual conference and will feature insight from seven New York Judges, as well as the NYCAL Special Master. Other topics that will be discussed at the conference include:

  • Lung Cancer Cases — What’s Next
  • Trials in the NYCAL
  • Expected Appellate Decisions: Dummit, Konstantin,
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