LATEST INSIGHTS

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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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California / Remand/Removal
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Plaintiffs Succeed in Motion to Remand Case to State Court

Jurisdiction: United States District Court for the Central District of California

Decedent David L. Dunlavey worked as a pipefitter and steamfitter from 1967 to 2006 — including time spent around 1970 working as a pipefitter for University Mechanical and performing work for National Steel and Shipbuilding Company (NASSCO). 

His employment required him to handle asbestos-containing materials and products in the service, maintenance, repair, installation, removal, and disposal of various piping and boilers systems. Decedent was diagnosed with mesothelioma and his estate brought a wrongful death action …

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Summary Judgment
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Union Carbide Prevails in Rare Rhode Island Asbestos Trial

Plaintiff Bonito brought this asbestos action based on her diagnosis of, and eventual passing from, mesothelioma.

Plaintiff alleged exposure from laundering her husband’s clothes from approximately 1966 to the1990s. Mr. Bonito worked at various jobs during that time.

There were two defendants who took the case to trial. Union Carbide and Graybar Electric Co. Inc. made motions to exclude the plaintiff’s experts, which were subsequently denied. Despite the adverse ruling on the motion, the case went to trial against Union Carbide.

After nine days of …

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EPA Offices, Washington DC
Asbestos Litigation Analysis
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EPA Announces Part 2 of Final Rule to Prohibit Asbestos Use in the United States

The U.S. Environmental Protection Agency on Dec. 3 issued Part 2 of a final risk determination providing an overview of the hazards of asbestos “to workers in certain conditions.” The agency will soon begin the risk management process to address the “unreasonable risk” associated with legacy use and associated disposal of asbestos. 

EPA announced previously Part 1 of the final rule in March. That initial section banned the use and import of chrysotile asbestos under the Toxic Substances Control Act (TSCA). Although there are several …

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Connecticut / Punitive Damages
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Court Awards $7.5 Million in Punitive Damages to Connecticut Plaintiff

Jurisdiction: Superior Court of Connecticut, Judicial District of Bridgeport at Bridgeport

Decedent Nicolas Barone was diagnosed with mesothelioma in May 2022. His surviving spouse, Kathryn Barone (plaintiff)brought suit in September 2023, following her husband’s death in June of that year. Plaintiff’s third amended complaint alleged the cause of plaintiff’s mesothelioma was asbestos exposure from talc supplied by defendant International Talc Company and its successor, Vanderbilt Minerals LLC. After a four-week trial, the jury reached a unanimous verdict and found Vanderbilt liable for a total of $15 million in …

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New York / Summary Judgment
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Court Denies Valve Manufacturers Summary Judgment Motion

Supreme Court of New York, New York County

Plaintiff Raymond Lee, as administrator for the estate of the decedent, Jim Lee filed a lawsuit in the Supreme Court of New York, New York County alleging decedent was exposed to asbestos from his’s employment working around various products. Defendant, Crosby Valves, filed a motion for summary judgement to dismiss the claims against them.

A court must grant summary judgment if the movant establishes its claim “as a matter of law” and no “issue of fact” warranting …

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New York / Summary Judgment
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Court Denies Valve Manufacturer’s Summary Judgment Motion

Supreme Court of New York, New York County

In this asbestos action, Plaintiff Jane E. Wixted, as executrix for the estate of the decedent, Thomas N. Wixted (“Decedent”) filed a lawsuit in the Supreme Court of New York, New York County allegingDecedent was exposed to asbestos from his employment working around various products. Defendant, Crosby Valves, filed a Motion for Summary Judgement to dismiss the claims against them.

A court must grant summary judgment if the movant establishes its claim “as a matter of law” …

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New York / Personal Jurisdiction
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New York Court Grants Valve Manufacturer’s Motion for Summary Judgment Based on Lack of Personal Jurisdiction

Court:  Supreme Court of New York State, Erie County

Plaintiff Ronald McInnis worked as a career union pipefitter from the 1970s-2010s. A native of Chatham, New Brunswick, plaintiff spent the vast majority of his career working at various paper mills, chemical plants, refineries, and power plants throughout New Brunswick, Ontario, and parts of Alberta, Canada. He was diagnosed with mesothelioma in October 2023 and initiated a lawsuit in Erie County Supreme Court in Upstate New York.

Plaintiff alleged that his work during shutdown or refurbishing periods at …

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Motion to Dismiss / Pennsylvania
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Court Rules Pro Se Plaintiff’s Deliberate Indifference Claim Actionable

Jurisdiction: United States District Court for the Middle District of Pennsylvania

This is a prisoner civil-rights case filed pursuant to 42 U.S.C. § 1983, regarding the conditions of confinement in Huntingdon State Correctional Institution (SCI-Huntingdon). The case was originally filed as a putative class action by three individual pro-se plaintiffs on behalf of a class of Huntingdon State Correctional Institution inmates. The court dismissed the class complaint and granted the remaining individual plaintiffs, Bobby Kenneth Williamson and Antonio Bundy, leave to amend their individual claims. They filed two …

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Asbestos Exposure / Negligence / Verdict
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California Jury Finds for Asbestos Defendant in Friction Products Case

Court: California Superior Court, Los Angeles County

In this asbestos action, plaintiffs Leon Solis Jr., Laura Rangel, Crystal Solis and Leon Solis filed suit claiming negligence against several defendants, including Brake Parts Inc., in the Los Angeles County Superior Court. Plaintiffs alleged Sylvia Solis contracted mesothelioma from asbestos exposure, resulting in Ms. Solis’s death.

The case went to jury trial Oct. 4 against Brake Parts as the only remaining defendant. Plaintiffs claimed Brake Parts allegedly created brakes by attaching asbestos linings to metal shoes. At trial, the …

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