NEW YORK – The plaintiff, Marilyn LaFlair, sued Port Jervis, New York resident Kolmar Laboratories, Inc. (Kolmar) and Johnson & Johnson (J&J) in state court in St. Lawrence County, New York. She alleged that asbestos-contaminated cosmetic talcum powder products manufactured and supplied by these defendants caused her mesothelioma. J&J removed the action to federal court and argued that non-diverse defendant Kolmar was fraudulently joined to the action. J&J contended that the “boilerplate allegations” of the plaintiff’s pleadings at most only suggested that Kolmar manufactured, sampled …
Continue ReadingCategory: Remand/Removal
Equitable Considerations Warrant Granting Plaintiff’s Motion to Remand in Talc Matter
LOUISIANA – In the first motion to remand ruled on after Johnson & Johnson’s (J&J)motion to fix venue in the United States District Court, District of Delaware was denied, the court considered the plaintiff Phyllis Lea’s motion. The plaintiff filed suit against multiple defendants, including J&J, alleging that her exposure to asbestos-containing talcum powder products caused her to develop ovarian cancer. On April 24, 2019, J&J removed the matter to the district court, and the plaintiff filed the instant motion on June 6, 2019.
The …
Continue ReadingJohnson & Johnson’s Motion to Stay Denied
FLORIDA – The plaintiff, Patricia Matthey, filed suit against Johnson & Johnson (J&J), Imerys Talc and Publix Super Markets in Florida State Court, alleging that asbestos in J&J baby powder caused her to develop ovarian cancer. Imerys was dismissed due to a lack of personal jurisdiction and subsequently declared bankruptcy. As it did in thousands of other cases, J&J recently removed the matter to federal court based on federal court jurisdiction over pending bankruptcy actions. J&J filed a motion to stay while its motion to …
Continue ReadingMotion to Remand or Sever Claims Ruled Premature
LOUISIANA – In March 2017, the plaintiffs filed a lawsuit alleging that decedent, Wayne Knight, who developed mesothelioma as a result of exposure to asbestos while employed by Avondale Shipyard from 1967 to 1982. Avondale removed the case in October 2018, pursuant to the federal officer removal statute. The plaintiffs then filed a motion to sever claims and remand.
Pursuant to the federal officer removal statute, removal is proper if a defendant can establish four elements:
- That it is a person within the meaning of
Outcome of Instant Matter Would Not Impact Non-Party Talc Supplier’s Pending Bankruptcy Estate, Remand Ordered
PENNSYLVANIA – The defendant Johnson & Johnson (J&J), in a topic that has been extensively covered by the Asbestos Case Tracker, indicated in its notice of removal that this case is one of many in the United States which involve claims concerning personal injuries and deaths allegedly caused by J&J’s cosmetic talc. J&J’s motion further indicates that the “sole supplier” of the talc which the defendant used in its product, filed for bankruptcy under Chapter 11.
The plaintiffs’ complaint is similar to those filed by …
Continue ReadingAsbestos Talc Cases Remanded to State Courts Despite Pending Bankruptcy of Talc Supplier
CALIFORNIA — On Tuesday, a federal court in California ordered that a group of asbestos talc personal injury cases must be remanded to state court on equitable grounds. Defendant Johnson & Johnson (J&J) had removed these actions to federal court in April on the basis of the pending bankruptcy of its sole talc supplier, Imerys Talc America, Inc., claiming that J&J’s supply agreements with Imerys contained contractual indemnifications and other liability-sharing provisions, and that they were “related” to Imerys’s bankruptcy proceedings in federal court in …
Continue ReadingTurbine Manufacturer’s Removal Deemed Timely Due to Plaintiffs’ Vague Initial Pleadings and Answers to Interrogatories
MARYLAND — The plaintiffs filed suit in the Circuit Court for Baltimore City on April 4, 2018, against Westinghouse and thirty other the defendants. In the original complaint, the plaintiffs provided no time frame during which the plaintiff’s decedent, Vincent James Barrett, may have been exposed to asbestos, nor did it provide any specifics as to which he was exposed to or identify ships on which he may have worked.
On December 18, 2018, Westinghouse removed the case to the District Court of Maryland “within …
Continue ReadingFifth Circuit Affirms Remand of Shipyard Case
LOUISIANA — The plaintiff James Latiolas, filed suit in Louisiana State Court alleging asbestos exposure while working at the Avondale shipyard. The plaintiff only asserted a negligence claim against Avondale and Avondale removed the case on the basis of the federal officer defense. The plaintiff filed a motion to remand, which was granted. On appeal, the fifth circuit affirmed.
The evidence previously gathered in other cases demonstrated that Avondale built and refurbished naval vessels based on the Navy’s specifications and under the their supervision. However, …
Continue ReadingMotion to Remand Denied Due to Evidence Presented by Defendants
CALIFORNIA — On November 7, 2018, the plaintiffs filed an amended complaint in state court alleging that decedent, Ronald Viale, was exposed to asbestos when he was employed by the U.S. Navy as a steamfitter/firefighter from 1968 to 1970, and that he developed mesothelioma as a result of said exposure. On January 3, 2019, Foster Wheeler removed the matter under the federal officer defense. The removing defendants produced declarations provided by witnesses demonstrating that the Navy issued specifications regarding the form and content of all …
Continue ReadingDefendant Pump and Compressor Manufacturer’s Removal Deemed Untimely
CALIFORNIA — The plaintiffs Michael Roy Harris and Elsie Harris sued multiple parties, including Ingersoll-Rand Company (IR), alleging that Michael developed mesothelioma due to asbestos exposure resulting from his work at two U.S. Navy shipyards and while serving in the Navy. The plaintiffs initially filed suit in the Superior Court of California, County of Alameda, on May 25, 2018. Over six months later, on December 17, 2018, IR removed the case to the Northern District of California. The plaintiffs filed the instant motion to remand.…
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