LATEST INSIGHTS

Courtroom, Gavel And Law Books
Asbestos Litigation Analysis
Posted by:

EPA Requests Fifth Circuit to Uphold Asbestos-Ban Rule

The U.S. Environmental Protection Agency filed a brief Feb. 7 with the Fifth U.S. Circuit Court of Appeals to uphold its prior rule banning chrysotile asbestos.

The rule was issued by the EPA pursuant to relevant provisions of the Toxic Substances Control Act, 15 U.S.C. § 2605, et seq (“TSCA”). Under the TSCA, Section 6(a) granted the EPA with the authority to regulate or restrict the manufacture, processing, distribution, use, and disposal of a chemical substance if it is determined to present an “unreasonable risk” …

Continue Reading
Documents and Resources
Posted by:

Asbestos Case Tracker 2024 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 a compendium of 2024 Asbestos Case Tracker posts to our clients and friends and hope it will serve as a convenient resource for you.

To download the 2024 ACT Compendium, please complete and submit the form below.

Asbestos Case Tracker Compendium 2024

… Continue Reading
Business and lawyers discussing contract papers with brass scale on desk
Mesothelioma / Motion to Dismiss / Statute of Limitations
Posted by:

Supreme Court of New York Grants Defendants’ Motion to Dismiss Based upon Statute of Limitations

Supreme Court of New York – New York County

Eric Biljetina, et al. vs. Brenntag North America, Inc., et al.

In this action, the plaintiffs allege the decedent had asbestos exposure through the use of Jean Nate talcum powder. The decedent was ultimately diagnosed with mesothelioma in 2016. In 2024, the plaintiffs filed a Third Amended Complaint to join L’Oreal USA, Inc., as a defendant in this action. The plaintiffs alleged this defendant had ties to the claimed Jean Nate powder product. The defendant ultimately …

Continue Reading
Law theme. Judge chamber.
New York / Personal Jurisdiction
Posted by:

First Department Affirms New York Jurisdiction Over Automotive Defendants

Court: Supreme Court, Appellate Division, First Department (NY)

In this asbestos action, plaintiffs allege that decedent, John Beagan, was exposed to asbestos-containing products while in work areas of New York car dealerships in the 1990s, along with the work areas of car dealerships in his home state of Florida between 1976 and 1986, which led to decedent’s development of mesothelioma.

Plaintiffs filed suit against a number of defendants, including American Honda Motor Co., Inc. and Nissan North America Inc., in the state of New York.…

Continue Reading
judge's gavel and books
Appeal / Summary Judgment
Posted by:

Appellate Court Affirms Denial of Appellant’s Motion for Summary Judgment

Jurisdiction: Court of Appeals of Minnesota

Appellant Westrock Minnesota Corporation f/k/a Waldorf Corporation (Waldorf), challenged the district court’s ruling, denying summary judgment on respondent’s asbestos-related claims. Appellant argued the asbestos related claims are barred by the exclusivity provision of the Workers’ Compensation Act (WCA), Minn. Stat. § 176.031.

In 2023, respondent Allan N. Anderson Jr. was diagnosed with mesothelioma. On March 30, 2023, he filed a complaint against 34 separate defendants, including Waldorf alleging that exposures to asbestos via products manufactured, sold, or distributed by defendants caused his …

Continue Reading
Courtroom, Gavel And Law Books
Asbestos Litigation Analysis
Posted by:

Judicial Hellholes: 2024-2025 Executive Summary

The 2024-2025 Judicial Hellholes report shines its brightest spotlight on 10 jurisdictions that have earned reputations as Judicial Hellholes. Asbestos litigation continues to be a trend within numerous jurisdictions. Specifically, it appears we can continue to count on asbestos litigation in various jurisdictions making the Judicial Hellhole list due to abusive filings and plaintiff-friendly judges and jurisdictions.

New York remains high on the list with South Carolina following closely behind and Cook County, Illinois, and St. Louis, Mo., placing within the Top 10. 

As a …

Continue Reading
Closeup of a sculpture with balance
Appeal / Causation / Motion for Summary Judgment / Talc
Posted by:

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 …

Continue Reading
Business and lawyers discussing contract papers with brass scale on desk
Asbestos Exposure / Causation / Mesothelioma / Shipyard
Posted by:

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 …

Continue Reading
judge's gavel and books
Asbestos Exposure / Bankruptcy / Designate / Entities / Proof of Claim / Third Party
Posted by:

Defendant’s Motion for Leave to Designate Responsible Third Parties Granted Under Texas Law

Superior Court of Delaware, New Castle

Although this action – In Re: Asbestos Litigation; Ladonna Sue Braxton, Individually and as Independent Executrix of the Estate of Marvin Jerry Braxton Jr., deceased, vs. J-M Manufacturing Company, Inc., et al. – is venued in Delaware, the case is governed by Texas law. The sole defendant is J-M Manufacturing Company, Inc.

In this asbestos action, the plaintiffs allege the decedent, Marvin Jerry Braxton, Jr., had occupational exposure to asbestos, resulting in Mr. Braxton developing mesothelioma. Prior to passing …

Continue Reading
The law concept background.
Punitive Damages / Summary Judgment
Posted by:

New York Court Denies in Part, Grants in Part Talc Defendant’s Motion for Summary Judgment

In October 2020, Corey G. Griffin was diagnosed with peritoneal mesothelioma. He alleged asbestos exposure from the use of talcum powder related to his employment from the late 1950s until the 2000s. During this time, the plaintiff worked as an artist, makeup specialist, designer, and stylist in New York City and abroad. He brought this action against numerous cosmetic defendants in 2021, prompting extensive litigation.

In 2024, defendant American International Industries moved for partial summary judgment pursuant to CPLR 3212 on the plaintiff’s punitive damages …

Continue Reading