Jury Finds Johnson and Johnson not Liable for Causing Peritoneal Mesothelioma in Talc Case

South Carolina – A Richland County jury found Johnson and Johnson (J&J) not liable in a South Carolina peritoneal mesothelioma case. The plaintiff Beth Anee Johnson alleged that her and her mother’s use of J&J baby powder over the course of two decades caused her disease.

J&J attempted to move the case to Delaware to consolidate it with thousands of other cases. However, the case was remanded to South Carolina state court after a finding that the plaintiffs would suffer an injustice since trial was …

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Insurer of Long Defunct Employer May Be Held Liable Under “Enhanced Benefits” in Worker’s Compensation Statute

MISSOURI – The plaintiff passed from mesothelioma in 2015 as a result of alleged exposure to asbestos while working at Valley Farm Dairy Company. Specifically, it was alleged that Vincent Hegger encountered lots of industrial equipment, including fireboxes, boilers, and ammonia compressors while working at Valley Farm. Prior to his passing, Hegger and his children submitted a claim for worker’s compensation under the recently amended statute. The administrative law judge found that the plaintiff could not “elect” coverage under the amended statute because Valley Farm …

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Specific Jurisdiction Established Under “Stream of Commerce Plus” Theory

CALIFORNIA – The plaintiff Thomas Toy alleged that his mesothelioma diagnosis was a result of asbestos exposure that incurred in multiple Navy shipyards to a variety of products throughout his machinist career. He claimed he was exposed to friction products in his role as a mechanic for the Army while stationed in Germany, Korea, and other U.S. locations and to construction products he used during home renovations. The defendant Viking Pump, Inc. moved to dismiss pursuant to Federal Rule 12(b)(6), arguing that the plaintiff failed …

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Court Recommends Granting Five Defendants’ Motions for Summary Judgment Based on Lack of Substantial Factor Causation

DELAWARE – The plaintiff Richard Rogers filed suit against multiple defendants in the Superior Court of Delaware, alleging that his exposure to asbestos caused him to develop mesothelioma; he asserted claims for negligence, punitive damages, and conspiracy. The defendant Foster Wheeler removed the case to the district court pursuant to the federal officer removal statute.

Rogers was deposed in April 2018 and the plaintiff offered no other fact or product identification witnesses. Warren Pumps, General Electric, Air & Liquid, Wagner, and Asbestos Corp. subsequently filed …

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Fire-Door Manufacturer’s Affidavit Based Only on Personal Knowledge Not Enough to Overcome Plaintiff’s Decedent’s Testimony About Exposure to Their Product

NEW YORK – The defendant Algoma Hardwoods, Inc. filed a motion for summary judgment in the instant matter, contending via an affidavit signed by its principal that it did not sell or distribute asbestos-core fire doors in the New York metropolitan area where the plaintiff’s decedent worked during the relevant time period and therefore he could not have been exposed to their product. The affidavit was based on the principal’s personal knowledge, but was unaccompanied by documentation such as sales records substantiating the averments.

The …

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Statute of Repose Applied and Summary Judgment Granted

MASSACHUSETTS – On March 30, 2018, the U.S.D.C. for the District of Massachusetts held that Massachusetts’ statute of repose did not apply to asbestos exposure claims and denied the motion for summary judgment of General Electric (GE). The question was without controlling precedent, and was therefore certified to the Massachusetts Supreme Judicial Court. On Mach 1, 2019, the court ruled that the statute of repose “completely eliminates all tort claims arising out of any deficiency or neglect in the design, planning, construction, or general administration …

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Summary Judgment Granted for Multiple Defendants in Naval Case Based on Failure of Specific Product Identification

DELAWARE – The plaintiff brought suit against several defendants alleging he developed lung cancer from exposure to asbestos while serving onboard the USS Shangri La and USS Edmonds. The plaintiff passed away prior to giving any deposition testimony. The case was removed to federal court by Crane Co. The defendants moved for summary judgment.

The plaintiff’s sole fact witness, John Poggenburg, testified that he worked with the plaintiff onboard the USS Edmonds from October 1961 until July 1962. Poggenburg recalled the plaintiff starting as a …

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Plaintiffs Not Entitled to Jury Instruction on General Negligence Due to Lack of Specific Evidence

CALIFORNIA – Philip and Febi Mettias, husband and wife, both died of complications caused by mesothelioma. The decedents’ children (plaintiffs) filed suit against various defendants. As part of their allegations, the plaintiffs alleged Philip Mettias performed as many as 24 brake repairs with Bendix brakes, made by Honeywell and purchased at Pep Boys.

The jury returned a special verdict in favor of Honeywell and Pep Boys; the plaintiffs appealed on two contentions:

  1. The trial court erred in not giving general negligence instructions in addition to
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Plaintiff’s Failure to Establish Causation Against Pump Defendant Leads to Grant of Summary Judgment

WASHINGTON – The plaintiffs filed suit against several defendants alleging their decedent, Mr. Klopman-Baerselman developed mesothelioma as a result of exposure to asbestos for which the defendants were liable. The case was removed to federal court.

Viking Pump (Viking) moved for summary judgment arguing that the plaintiff could not establish the necessary element of causation. Specifically, Viking argued that the plaintiff had no evidence that he was exposed to a Viking product and therefore he could not prove that Viking’s products were a substantial factor …

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Summary Judgment Granted for Multiple Defendants in W.D. Washington When Plaintiff’s Affidavit Ruled Inadmissible

WASHINGTON — The plaintiff, Donald Varney, filed suit against numerous defendants alleging exposure to asbestos while working as a marine machinist at shipyards in Washington caused his mesothelioma. The complaint was removed to federal court. One day before he passed, plaintiff signed an affidavit stating that he worked with various defendants’ products or products supplied by the defendants, including those of defendants Crosby Valves, Goodyear Tire and Rubber, Foster Wheeler, Air and Liquid Systems, Weir Valves and John Crane, Inc. The plaintiff was not deposed …

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