LATEST INSIGHTS

Courtroom, Gavel And Law Books
Appeal / Causation / South Carolina
Posted by:

Denial of Dryer Felt Manufacturer’s Motion for Judgment Notwithstanding the Verdict Affirmed

Court: Supreme Court of South Carolina

In this mesothelioma matter, the Supreme Court of South Carolina granted a writ of certiorari to review decisions of the South Carolina Court of Appeals affirming (1) the trial court’s denial of Scapa Waycross Inc.’s motion for judgment notwithstanding the verdict based on the insufficiency of the evidence as to causation, (2) the trial court’s order granting a new trial nisi additur, and (3) the trial court’s denial of Scapa’s motion to reallocate pretrial settlement proceeds.

The court determined …

Continue Reading
judge's gavel and books
Appeal / Causation / Texas
Posted by:

Texas Appellate Court Reverses Summary Judgment in Take-Home Exposure Case

Court: Court of Appeals of Texas, Fourteenth District, Houston

In this asbestos action, a Texas Appellate Court reversed and remanded the grant of a no-evidence summary judgment motion as to defendant Howmet Aerospace Inc., f/k/a Arconic, Inc., f/k/a Alcoa, Inc. (“Alcoa”).

The surviving husband and children of decedent Carolyn Burford asserted wrongful death and survival claims against the husband’s former employer, Alcoa, alleging decedent suffered injuries and death as a result of asbestosis caused by her inhalation of asbestos fibers that her husband brought home …

Continue Reading
The law concept background.
Appeal / Judgment Notwithstanding the Verdict / New Trial / Remittitur
Posted by:

First Department Affirms Jury Verdict against Valve Manufacturer

Court: Supreme Court of New York, Appellate Division, First Department

In this asbestos action, defendant Jenkins Bros. sought a judgment notwithstanding the verdict, a new trial, or remittitur of a verdict awarding plaintiff $13 million for past pain and suffering and $10 million for future pain and suffering. The trial court declined to vacate the jury’s findings that valve-related gaskets and insulation manufactured by Jenkins Bros. caused plaintiff’s mesothelioma. Jenkins Bros. appealed to the First Department.

The First Department ultimately determined that plaintiff met his …

Continue Reading
Judge gavel with lawyer and attorney meeting in law firm background. Concepts of law, legal advice,legal services.
Louisiana / Summary Judgment
Posted by:

Motion for Summary Judgment Denied under Sophisticated User and Purchaser Doctrine

Court: United States District Court for the Eastern District of Louisiana

In this asbestos action, plaintiff Ted Matherne Sr. worked at the Avondale Shipyards. In addition, defendant Hopeman Brothers Inc. placed Micarta from Westinghouse “as a component part of the composite wall and bulkhead panels it suppled to Avondale for use aboard ships.”

Defendant Paramount Global (Westinghouse) moved for partial summary judgment, arguing it had no duty to warn as defendant Hopeman was a sophisticated user and purchaser of Micarta. Westinghouse contends Hopeman was aware …

Continue Reading
Wooden judge gavel, close-up view.
New York / Summary Judgment
Posted by:

Motion for Summary Judgment of Valve Manufacturer Denied

Court: Supreme Court of New York, New York County

Plaintiff-Decedent John Gonder alleged exposure to asbestos during his employment as a Con Edison inspector between the 1970s and 1990s. He died in May 2021 at 86 years old from lung cancer. Defendant Jenkins Bros. filed a motion for summary judgment on the basis that Gonder did not identify Jenkins as a manufacturer of asbestos-containing valves to which he alleged exposure. Jenkins also challenged the sufficiency of the plaintiff’s expert reports with respect to causation.

In …

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

Defendant’s Motion for Summary Judgment Based on Workers’ Compensation Defense Denied

Jurisdiction: Supreme Court of New York, New York County

Defendant Morse Diesel Inc. filed a motion for summary judgment on the basis that plaintiff Matthew D’Alessio’s claims were barred by New York State Worker’s Compensation Law. In support of its motion, Morse Diesel pointed to D’Alessio’s deposition testimony in which he claimed to be an employee of Morse Diesel at a jobsite near Brooklyn Law School. In further support, Morse Diesel provided an affidavit from its corporate representative stating that they carry workers’ compensation insurance.…

Continue Reading
Asbestos Case Tracker 2023 End of Year Compendium
Documents and Resources
Posted by:

Asbestos Case Tracker 2023 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 this 2023 compendium of Asbestos Case Tracker posts to our clients and friends. Our hope is this serves as a convenient resource for you.

To access our digital download click the link below.

Asbestos Case Tracker Compendium 2023

… Continue Reading
Business and lawyers discussing contract papers with brass scale on desk
Asbestos Litigation Analysis
Posted by:

A Review of 2023 Efforts to Broaden Wrongful Death Acts

Several states over the past year have eliminated limitations that have been part of Wrongful Death Acts. 

In Maine, the Legislature enacted “An Act to Amend the Laws Governing Damages Awarded for Wrongful Death.” As a result, the cap for wrongful death, non-economic damages — loss of comfort, society, and companionship — was increased from $750,000 to $1,000,000 and will automatically be adjusted for inflation each year. The punitive damages ceiling was raised from $250,000 to $500,000, and the timeline for commencing a wrongful death …

Continue Reading
Judge chamber with gavel
Summary Judgment
Posted by:

Motion for Summary Judgment of Gasket and Packing Manufacturer Granted in Part and Denied in Part

Court: United States District Court for the Northern District of Illinois, Eastern Division

Plaintiffs Chloyde Pelton and Shirley Pelton sued Defendant John Crane Inc. for negligence, willful and wanton conduct, and strict liability, alleging that Pelton developed mesothelioma as a result of his exposure to asbestos-containing products, including gaskets and packing, in the United States Navy. Pelton served as a pipefitter and shipfitter aboard the U.S.S. Lyman K Swenson from1959 to 1961, the U.S.S. Pritchett from 1961 to 1962, and the U.S.S. Frontier for 10 …

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

Motion for Partial Summary Judgment of Shipyard Subcontractor Granted

Court: United States District Court for the Eastern District of Louisiana

Defendant Hopeman Brothers Inc. moved for partial summary judgment with respect to plaintiffs’ claims of intentional tort, alter ego, and manufacturer strict liability.

In order to satisfy their intentional tort claim, plaintiffs must demonstrate that Hopeman “either consciously desired that plaintiff contract mesothelioma or knew that the result was substantially certain to follow from its conduct.” A substantial certainty is more than “knowingly permitting a hazardous work condition to exist.” The court concluded that …

Continue Reading