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Tag Archives: mesothelioma

Federal Court Sustains Summary Judgment Motion While Drawing Clear Distinction Between Pleural and Peritoneal Mesothelioma

Posted in Asbestos Litigation, Maryland Courts, Toxic Tort, Uncategorized

In what asbestos litigation defendants hope will become a growing trend, the United States District Court for the District of Maryland recently drew a clear distinction between expert testimony as it relates to causation of both pleural mesothelioma (affecting the lining of the lung) and peritoneal mesothelioma (affecting the stomach).  In Rockman v. Union Carbide… Continue Reading

Petitpas v. Ford Motor Co., et al.: A Look at the Evolving Landscape of Asbestos Litigation in California

Posted in Asbestos Litigation, California Courts, Litigation Trends, Premises Liability, Products Liability, Uncategorized

The Second District Court of Appeal, Division Four in Los Angeles handed down a decision in an asbestos case that involved appellate issues pertaining to causes of action for strict products liability and premises liability, primary and secondary (“take-home”) exposure, liability for replacement component parts, and proper jury instructions to be given in asbestos cases… Continue Reading

S.D.N.Y. Tells Plaintiffs: “Stop! You Cannot Sue, You Changed Your Story”

Posted in Asbestos Litigation

On Friday, April 28, 2017, the United States District Court for the Southern District of New York dismissed, in its entirety, John and Michele Clark’s asbestos personal injury action based on the doctrine of judicial estoppel. In short, the Court ruled that the Plaintiffs’ lawsuit could not proceed without damaging the integrity and proper functioning… Continue Reading

A Tale of Two Verdicts

Posted in Asbestos Litigation, Louisiana Courts, Louisiana Courts, Toxic Tort, Uncategorized

Frequently as litigators, we are faced with questions about which factors can make or break a trial. The facts of each case and skill of counsel are obvious elements to obtaining a favorable verdict, but outcomes can also be heavily influenced by the venue, pre-trial rulings, voir dire, jury instructions and even the sheer whim… Continue Reading

Delaware Judge Upholds $2.8 Million Verdict in Galliher Asbestos Trial

Posted in Asbestos Litigation, Delaware Courts

Background:  Judge John A. Parkins, Jr. recently upheld a $2.8 million verdict awarded to the estate of a deceased 62 year old man in a mesothelioma case .  The Simmons firm represented Plaintiffs in this case against R.T. Vanderbilt (“Vanderbilt”).  Plaintiffs argued that Vanderbilt’s NYTAL industrial talc (pdf download) contained asbestiform materials and caused Mr. Galliher’s mesothelioma. … Continue Reading

Verdict Alert: Delaware jury awards $2.8 million to surviving wife and estate of a 62 year-old deceased man with mesothelioma in a talc case

Posted in Asbestos Litigation, Delaware Courts

On July 27, 2012, a jury in the matter of Michael Galliher v. American Optical Corp., et al., an asbestos personal injury lawsuit pending in the Superior Court of the State of Delaware, awarded over $2.8 million to the surviving wife and the estate of Michael Galliher.  The jury found the sole defendant at trial,… Continue Reading

Sixth Circuit Holds that Substantial Cause Must Be Explicitly Established; “Every Exposure” Insufficient

Posted in Asbestos Litigation, Litigation Trends

Co-authored by Brian Gross On September 28, 2011, the Sixth Circuit Court of Appeals awarded Garlock a decisive victory in the matter of Olwen Moeller v. Garlock Sealing Technologies, LLC (C.A. No. 09-5670).  In overturning a jury verdict against Garlock, the Moeller Court, pursuant to the substantive laws of the State of Kentucky, held that plaintiff… Continue Reading