Category Archives: Other Asbestos News

Exclusion of Decedent’s Deposition Testimony Upheld due to Lack of Meaningful Opportunity for Cross Examination Superior Court of Delaware, February 7, 2018

DELAWARE — Plaintiff William Sykes filed suit in March of 2014 against numerous defendants after being diagnosed with mesothelioma in October, 2013. The plaintiff’s counsel requested expedited trial and discovery depositions due to Plaintiff’s rapidly deteriorating health; a video trial deposition was taken on April 16, 2014. During a break in the trial deposition, the plaintiff informed counsel that he was unable to complete the remainder of the deposition. At that time, the parties were left with only the video trial deposition and no cross…

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U.S. Supreme Court Denies Appeal of Former Speaker of New York State Senate; Stage Set for Retrial

NEW YORK — Sheldon Silver’s appeal to the U.S. Supreme Court was denied on Tuesday, January 16, 2018. Silver appealed part of the Second Circuit’s decision overturning his convictions on corruption charges. That decision overturned Silver’s convictions citing improper jury instructions pursuant to the Supreme Court’s decision in U.S. v. McDonald. Silver’s appeal centered on the money laundering charge. For that charge, he argued that a split exists among federal appeals courts as to the prosecutorial requirement linking a transaction to the suspected crime.…

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Personal Jurisdiction Defense Waived in Maritime Multidistrict Litigation U.S. Court of Appeals, Third Circuit, December 28, 2017

Appellants George Perdreauville and Joseph Blue, along with thousands of other seamen, initially filed lawsuits in the late 1980s in the U.S. District Court for the Northern District of Ohio under the Jones Act, 46 U.S.C. Section 304 et seq., and general maritime law, alleging injury from exposure to asbestos while onboard the Appellees’ various ships. A lengthy and complex procedural course ensued, and, in 1991, the suits were consolidated in the Asbestos Multidistrict Litigation (MDL) in the U.S. District Court for the Eastern…

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Claire’s Removes Children’s Makeup Kits After Reported Positive Asbestos Tests

Claire’s Stores Inc. removed nine children’s makeup products from store shelves after a report by WJAR-TV that tremolite asbestos was found in various Claire’s kits. Claire’s released a statement, saying that initial testing found the cosmetics to be asbestos-free, but that “out of an abundance of caution, additional testing is underway.” Claire’s further stated that the talcum powder used in its products is from a certified asbestos-free European vendor. A Rhode Island mother was the first to report the potential problem. Kristi Warner, an attorney…

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Jury Verdict Against Construction Company Reversed in Premise Liability Case District Court of Appeal of Florida, Third District, December 27, 2017

FLORIDA — Appellant/defendant Bechtel appealed the trial court’s final judgment after a Florida jury found that plaintiff Richard Batchelor’s mesothelioma was caused in part by exposure to asbestos at Florida Power and Light (FPL) during the years 1974 to 1980. Bechtel built the plant at issue, and was responsible for ongoing maintenance services throughout the plaintiff’s six years at FPL, providing over a million contracted man hours during that time period, and having trailers on site for office space and storage. A three judge panel…

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Employer Successfully Asserts Constitutional Challenge to Worker’s Compensation Commission Award

MISSOURI — The plaintiffs brought this claim against employer E.J. Cody Company (defendant) alleging her decedent passed from mesothelioma as a result of his occupational exposure to asbestos for which the defendant was liable. Mr. Casey had worked beginning in 1984 as a tile installer for several companies including the defendant. He retired in 1990 and filed suit for mesothelioma in February of 2015. Mr. Casey passed away prior to hearing. At the commission hearing, the plaintiffs agreed they sought claims under statute 287.200.4 (new…

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Third Party Negligence Found as New Proximate Cause in a Mesothelioma Claim U.S. Court of Appeals, Fourth Circuit, December 14, 2017

Plaintiff Erik Ross Phillips filed suit against a number of defendants after contracting mesothelioma allegedly caused by occupational exposure to asbestos in brake linings used in a machine at the facilities of his employer. The defendants, among others, included the manufacturers and distributors of the brake linings. At trial, Phillips pursued a negligent failure-to-warn theory under North Carolina law against both defendants. As a defense, the distributor and manufacturer argued that even if they were negligent, they are not liable because of the intervening negligence…

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Contempt Order Vacated Against Boiler Defendant; Discovery Order Stands Appellate Court of Illinois, Fourth District, December 5, 2017

ILLINOIS — Cleaver Brooks filed an appeal of the trial court’s ruling of a “friendly contempt” order against it. By way of background, the plaintiff filed suit against multiple defendants arguing that he sustained injuries from working with and around asbestos containing parts associated with boilers. At issue were thousands of index cards specific to Cleaver Brooks’ products. The plaintiff sought those index cards through discovery requests. Cleaver Brooks eventually produced certain index cards after multiple discovery hearings at the trial court level. However, Cleaver…

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Johnson & Johnson Found Not Liable in California Talcum Trial Los Angeles County Superior Court, November 16, 2017

After almost three days of deliberation following a four week trial, a Los Angeles area jury reached a defense verdict in a mesothelioma case against Johnson & Johnson and its supplier Imerys Talc America, Inc. In closing arguments, the plaintiff urged the jury to consider evidence that allegedly documented Johnson & Johnson’s long awareness of asbestos contamination in its talc mines in attributing the plaintiff’s disease to the defendants. Defense arguments focused on a lack of asbestos markers in the plaintiff’s lungs, and pointed to…

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Los Angeles Jury Deliberating in $24M Talcum Product Trial Los Angeles County Superior Court, November 13, 2017

CALIFORNIA — Closing arguments were conducted on Monday, November 13, 2017 in a trial against Johnson & Johnson and its supplier, Imerys Talc America Inc., alleging that asbestos in talcum powder caused the plaintiff’s mesothelioma. The plaintiff’s counsel argued that Johnson & Johnson and Imerys pushed to delay regulation of talc for years, and that the companies advocated for methods of testing their products for asbestos that could not detect the levels actually present. The plaintiff suffers from mesothelioma, and her life is predicted to…

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