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Asbestos Litigation

Goldberg Segalla

Fed Court Determines Plaintiff’s Complaint Does Not Constitute a “Shotgun Pleading”

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U.S. District Court for the Eastern District of Louisiana - Plaintiff Mallory Ware was diagnosed with lung cancer in May 2020. He alleged his occupational exposure to asbestos and toxic welding fumes caused his illness....more

Goldberg Segalla

Jury Verdict Reversed and Remanded on Appeal in California

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Court: Court of Appeal of California, First Appellate District, Division Two -   Plaintiff Steven Watts filed a lawsuit in the Superior Court of Alameda County, California naming 36 defendants who were alleged to have...more

Goldberg Segalla

Connecticut Court Determines it Lacks Personal Jurisdiction Over Talcum Powder Defendant

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Court:  Superior Court of Connecticut, Judicial District of Bridgeport at Bridgeport - Connecticut resident Elaine Adelia Hickey (decedent) contracted mesothelioma alleging exposure to asbestos and asbestos-containing talcum...more

Goldberg Segalla

Jury Awards Verdict against Automotive Manufacturer; No Punitive Damages Found

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Court: Supreme Court of the State of New York, County of New York (NYCAL) - A jury earlier this month awarded a plaintiff’s verdict in the Supreme Court of the State of New York, County of New York (NYCAL)....more

Goldberg Segalla

NY Court Grants Defendant’s Motion for Summary Judgment Following Improper Service in Illinois Action

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Jurisdiction:  Supreme Court of New York, New York County - In a New York City asbestos action, defendant Tishman Liquidating Corporation moved for summary judgment to dismiss plaintiff’s complaint, arguing the plaintiff’s...more

Goldberg Segalla

Rhode Island Court Denies and Grants, in Part, Joint Defense Motion to Exclude Plaintiff’s Experts

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Court: Superior Court of Rhode Island, Providence - In this asbestos action, plaintiffs claim decedent, Bonnie J. Bonito, developed mesothelioma from exposure to asbestos from laundering her late ex-husband’s work clothing...more

Goldberg Segalla

Connecticut Jury Returns $15M Verdict against J&J in Talc Trial

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Court: Fairfield County, Connecticut Superior Court - A Connecticut jury on Tuesday awarded a $15 million dollar plaintiff’s verdict against Johnson & Johnson and several subsidiaries.  ...more

Goldberg Segalla

Wrongful Death Claim Dismissed in Case Involving Louisiana Statute of Limitations Rule

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The U.S. District Court for the Eastern District of Louisiana — in Ragusa v. Louisiana Insurance Guarantee Association (October 8) — weighed in whether the state’s LIGA statutes violated the Louisiana Supreme Court rule that...more

Goldberg Segalla

Caulking Manufacturer’s Motion for Summary Judgment on Causation Grounds Denied

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Court: Supreme Court of New York, New York County (NYCAL) - In this asbestos matter, decedent, Anna M. Buczynski, alleged exposure to asbestos from laundering the clothing of her former husband, Anthony Buczynski. From 1976...more

Goldberg Segalla

Boiler Manufacturer’s Motion for Partial Summary Judgment on Punitive Damages Claims Denied

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Court: Supreme Court of New York, New York County (NYCAL) - In this asbestos action, defendant Burnham LLC moved for partial summary judgment to dismiss plaintiffs’ punitive damages claim. Specifically, Burnham argued that...more

Goldberg Segalla

Plaintiff’s Causation Expert Must Identify Subjects of Talc Causation Studies

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Court: Supreme Court of the State of New York, Appellate Division, First Judicial Department - The Supreme Court of the State of New York, Appellate Division, First Judicial Department recently determined that a causation...more

Goldberg Segalla

Plaintiffs’ Motion in Limine to Exclude Defendants’ Expert Denied

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Jurisdiction: United States District Court for the Eastern District of Louisiana - This case involves claims of asbestos exposure. Plaintiff Robert Stephen Sentilles initiated this action asserting negligence and strict...more

Goldberg Segalla

Defendants’ Motion to Dismiss Based upon Statute of Limitations Denied

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Jurisdiction: Supreme Court of New York, New York County - On July 22, 2021, plaintiffs filed a complaint alleging asbestos exposure. Plaintiffs’ complaint specifically claims that asbestos exposure caused plaintiff Victoria...more

Goldberg Segalla

Court Denies Plaintiff’s Attempt to Reinstate Prior Claim of Post 1969 Exposure

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U.S. District Court for the Eastern District of Louisiana - Plaintiff Robert Stephen Sentilles was diagnosed with mesothelioma in October 2020. He filed his suit asserting negligence and strict liability claims against...more

Goldberg Segalla

Multiple Motions Granted in Part for Summary Judgment and to Strike Evidence

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United States District Court for the Northern District of California - In this wrongful death action, it is claimed that Decedent William Ankiel Jr. had exposure to asbestos-containing equipment during his service aboard a...more

Goldberg Segalla

Plaintiffs’ Appeal to Reverse Defendants’ Daubert Motion In Limine was Granted

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Court of Appeal of Louisiana, Fourth Circuit - In this action, plaintiff Climmie Craft filed suit in this matter asserting that she contracted asbestos-related lung cancer as a consequence of her take-home exposure to...more

Marshall Dennehey

Asbestosis Takes the Stand: Raising Awareness of an Abnormally High Verdict for a Typically Low Value Case

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Key Points: Asbestosis claims are usually considered to be on the lower end of settlements for asbestos law cases. A verdict of $25 million was returned by a jury in Philadelphia, where the last asbestosis case verdict was...more

Goldberg Segalla

Plaintiffs’ Motion for New Trial Reversed on Appeal

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Court of Appeal of Louisiana, Fourth Circuit - In this action, the plaintiffs alleged decedent Vita Chenet had asbestos exposure from personal use of various talcum powder products, including Cashmere Bouquet, throughout her...more

Goldberg Segalla

$260M Talc Verdict Overturned by Oregon Judge

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Court: Fourth Judicial District Court for Multnomah County, Oregon (Portland) - On September 13, 2024, Oregon state court judge Katharine Von Ter Stegge granted defendant Johnson & Johnson’s motion to overturn a $260 million...more

Goldberg Segalla

$2.3M Verdict as to Equipment Manufacturer Upheld on Appeal

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Court: Superior Court of Pennsylvania - Decedent Thomas Constantine was diagnosed with mesothelioma in December 2016. Mr. Constantine’s estate alleged that his mesothelioma was caused by exposure to asbestos during his...more

Goldberg Segalla

Plaintiffs’ Motion to Remand Denied

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Jurisdiction: United States District Court for the Middle District of Louisiana - Plaintiffs Claudette Washington Skidmore and Courtney Skidmore Williams brought claims against several defendants after the death of their...more

Goldberg Segalla

Defendant Granted Motion to Dismiss Claim against Settlement Trust for Untimeliness

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Superior Court of Delaware, New Castle - In the asbestos action Burhenn v. Celotex Asbestos Settlement Trust, the court granted defendant Celotex’s motion to dismiss on the grounds that the complaint was untimely filed. In...more

Goldberg Segalla

Court Rejects Motion to Remand Asbestos Exposure Case to State Court

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Jurisdiction: United States District Court for the Eastern District of Louisiana - Plaintiff Irma Lee LaGrange filed a motion in this asbestos action seeking the court to decline supplemental jurisdiction and remand to state...more

Goldberg Segalla

Pump Manufacturers’ Motion to Exclude Expert Causation Testimony Granted In-Part

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Court:  United States District Court for the Middle District of Florida, Tampa Division - In this asbestos action, defendants Atwood & Morrill Co. Inc. and Warren Pumps LLC filed a Daubert motion to exclude, or limit, certain...more

Goldberg Segalla

South Carolina Jury Returns $63.4M Plaintiff Verdict in Talc Trial

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Court: Circuit Court of South Carolina, Fifth Judicial Circuit - A South Carolina jury Aug. 16 returned a $64.4 million plaintiff’s verdict against product manufacturer Johnson & Johnson and supplier American International...more

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