Expert Report Summarizing Exposure to General Products Insufficient to Defeat Pump Defendant’s Motion for Summary Judgment

WASHINGTON – , A federal court in Washington granted a summary judgment motion brought by pump defendant Air & Liquid Systems Corporation (Buffalo Pump) in a case extensively covered by the Asbestos Case Tracker dealing with Merchant Mariner Rudie Klopman-Baerselman, the decedent  who died of mesothelioma. As proof of exposure, the plaintiff had produced an inspection report for the HMS Ranee from 1943 referencing Buffalo Pump.  The plaintiff also produced an expert report by James Delaney, a navel expert, opining that asbestos-containing thermal insulation would …

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Plaintiff’s Failure to Raise Triable Question of Fact on Causation Leads to Grant of Summary Judgment for Talc Defendant

NEW YORK – Marsha Madar filed suit against Colgate-Palmolive, alleging she developed perionteal mesothelioma as a result of her use of Cashmere Bouquet talcum powder in the 1970s. It was undisputed that she shared with her mother and sister just two bottles of Cashmere Bouquet. She also recalled using hundreds of bottles of other talcum powder. Colgate moved for summary judgment arguing that:

  1. The talc in its Cashmere Bouquet did not contain asbetsos
  2. There is no general causation as a matter of law, because even
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Mesothelioma

New California Law Limits Length of Asbestos Depositions

CALIFORNIA – California Gov. Gavin Newsom recently signed a bill which imposes significant time limits on the deposition of the plaintiffs suffering from mesothelioma. Under the law, the deposition of a plaintiff suffering from mesothelioma is limited to seven hours if a licensed physician provides a declaration stating that the individual has mesothelioma and there is a substantial medical doubt of survival beyond six months. Upon findings of fairness and that the health of the plaintiff is not endangered by a granting of additional time, …

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Unclear Testimony Regarding Location of Exposure Leads to Dismissal Due to Lack of Personal Jurisdiction

LOUISIANA – The plaintiff, Terry BonDurant, alleged that he was exposed to asbestos while working as an electrician at various refineries in Louisiana, Texas and Florida from 1964 to 1979, and that he contracted mesothelioma from that exposure. He filed suit against numerous defendants, including Gould Electronics. However, at his deposition, the plaintiff did not provide any testimony with regard to exposure from a Gould product. Gould is incorporated in Arizona and maintains its principal place of business there. Gould filed a motion to dismiss …

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Appellate Court Affirms Order for New Trial and Denial of Post-Judgment JNOV

CALIFORNIA — Following the conclusion of an extensive trial and creation of a special verdict form, the jury deliberated and rendered a special verdict in favor of one plaintiff, awarding substantial economic and noneconomic damages. However, the trial signed a judgment in favor of the defendant. Post judgment, the trial court denied the plaintiffs’ motion for judgment notwithstanding the verdict (JNOV), but granted the plaintiffs’ motion for a new trial. The Court of Appeal for the Second District, Division 4 of California affirmed the post-judgment …

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Talc Verdicts Remain a Mixed Bag in Second Half of 2019

In May 2019, we reported on the state of talc litigation following eye-popping verdicts in Missouri in July 2018 that saw Johnson & Johnson hit with $550 million in compensatory damages and over $4 billion dollars in punitive damages in 22 consolidated ovarian cancer cases. With hundreds of mesothelioma cases pending, alleging exposure to asbestos-contaminated talc and enormous damages potentially at stake, a further update is warranted. The last five months have seen several verdicts, and while it’s clear that talc asbestos cases are defensible, …

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Court Denies Motion to Dismiss Coverage Action, But Grants Colorado River Abstention

OHIO – The William Powell Company, which manufactured asbestos-containing valves and other products, fought a two-front coverage battle with its insurers regarding defense and indemnity for various personal injury cases filed against the company. In Ohio state court, Powell sought a declaratory judgment that it had the right to allocate sums expended to settle various cases, both retrospectively and prospectively. Powell later revised its claims to include breach of contract and a request for money damages. In federal court, Powell filed a lawsuit alleging breach …

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Brake Manufacturer denied Summary Judgment Despite Evidence as to Warnings prior to decedent’s exposure date

MARYLAND – The plaintiffs filed suit alleging John Dugger developed and passed away from mesothelioma as a result of exposure to Honeywell’s Bendix brakes. Specifically, the plaintiff alleged exposure to asbestos while working at his own automobile repair shop, Personal Auto, from 1980-1984 and while working as a mechanic at H and S Bakery from 1980-1982.

Honeywell moved for summary judgment. The plaintiff filed a response in opposition to Honeywell’s motion for summary judgment. The parties disagreed as to whether or not Bendix placed warnings …

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Honeywell Rebuffed in Effort to Preclude Plaintiff’s Experts

MARYLAND – Honeywell filed a Daubert motion to preclude the plaintiff’s experts from opining that chrysotile asbestos used in automobile brakes causes pleural mesothelioma or that every exposure is causative. The plaintiff retained Dr. Arthur Frank, Dr. John Maddox and Dr. John Finkelstein as experts. Honeywell argued that each expert offered the “each and every exposure” theory, which is barred under Daubert. The plaintiff agreed, and instead argued that his experts’ opinions were based on the plaintiff’s specific exposure level and not the general fact …

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North Carolina Statute of Limitations Bars Mesothelioma Claim

NORTH CAROLINA – The plaintiff, Jody Ratcliff, filed a complaint on March 1, 2017 alleging that her mesothelioma was caused by exposure to asbestos. She sued several groups of defendants, including friction and talc defendants. She alleged that she was exposed to asbestos during the summers from 1987 to 1989 while visiting garages with her father, who was a tool salesman. She also alleged using talc products that allegedly contained asbestos, from 1977 to 2016. The four remaining defendants – Ford; Brenntag Specialties; Whittaker, Clark …

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