5 unchanged sentences
Beryllium Claims
−Removed: As of June 30, 2023, our subsidiary, Materion Brush Inc., was a defendant in one beryllium case.
+Added: As of September 29, 2023, there were no pending beryllium cases.
+Added: During the quarter ended September 29, 2023, one beryllium case was dismissed.
In Richard Miller v.
Dolphin, Inc.
−Removed: et al., case number CV2020-005163, filed in the Superior Court of Arizona, Maricopa County, the Company is one of six named defendants and 100 Doe defendants.
−Removed: The plaintiff alleges that he contracted beryllium disease from exposures to beryllium-containing products supplied to his employer, Karsten Manufacturing Corporation, where he was a production worker, and asserts claims for negligence, strict liability – failure to warn, strict liability – design defect, and fraudulent concealment.
−Removed: The plaintiff seeks general damages, medical expenses, loss of earnings, consequential damages, and punitive damages, and his wife claims loss of consortium.
+Added: et al., case number CV2020-005163, filed in the Superior Court of Arizona, Maricopa County, the Company was one of six named defendants and 100 Doe defendants.
+Added: The plaintiff alleged that he contracted beryllium disease from exposures to beryllium-containing products supplied to his employer, Karsten Manufacturing Corporation, where he was a production worker, and asserted claims for negligence, strict liability – failure to warn, strict liability – design defect, and fraudulent concealment.
+Added: The plaintiff sought general damages, medical expenses, loss of earnings, consequential damages, and punitive damages, and his wife claimed loss of consortium.
A co-defendant, Dolphin, Inc., filed a cross-claim against the Company for indemnification.
3 unchanged sentences
The Court of Appeals declined to accept jurisdiction on December 30, 2020.
−Removed: The court entered a scheduling order on September 14, 2021 that did not set a date for trial.
−Removed: Amended scheduling orders were entered on April 8, 2022, August 4, 2022, and November 1, 2022 that likewise did not set a trial date.
−Removed: On March 30, 2023, the court dismissed all claims against four of the Company’s co-defendants, as well as the cross-claim by those co-defendants against the Company, pursuant to a confidential settlement agreement between those co-defendants and the plaintiffs.
−Removed: Following a court-ordered mediation on June 20, 2023, the Company and the other remaining defendant entered into a confidential settlement agreement with plaintiffs, pursuant to which all remaining claims in the case are to be dismissed with prejudice, subject to court approval.
−Removed: No beryllium cases were filed in the second quarter of 2023.
+Added: On March 30, 2023, the court dismissed all claims against four of the Company’s codefendants, as well as the cross-claim by those codefendants against the Company, pursuant to a confidential settlement agreement between those codefendants and the plaintiffs.
+Added: Following a court-ordered mediation on June 20, 2023, the Company and the other remaining defendant entered into a confidential settlement agreement with plaintiffs, pursuant to which all remaining claims in the case were to be dismissed with prejudice.
+Added: On August 2, 2023, an order granting stipulation for dismissal with prejudice was filed by the court.
+Added: No beryllium cases were filed in the third quarter of 2023.
The Company has insurance coverage, which may respond, subject to an annual deductible.
8 unchanged sentences
The Court preliminarily approved the settlement on March 30, 2023 and a final approval hearing was held on July 6, 2023.
−Removed: There were no objections to the settlement and the court entered an order approving the final settlement on July 7, 2023.
−Removed: The final settlement amount approximated the amount previously reserved for related to this matter.
+Added: There were no objections to the settlement and the Court entered an order approving the final settlement on July 7, 2023, and the settlement amount was subsequently paid out prior to the end of the third quarter.
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.