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Bankruptcy
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Third Circuit Affirms Bankruptcy Court’s Order Dismissing LTL Management/Johnson & Johnson’s Second Chapter 11 Petition

On June 25, 2024, the Third Circuit Court of Appeals rendered an opinion affirming the New Jersey Bankruptcy Court’s decision to dismiss LTL Management/Johnson & Johnson’s second bankruptcy case for “want of good faith because it was not in financial distress” in IN RE: LTL Management, LLC.

In 2021, Johnson & Johnson first attempted to use bankruptcy to permanently settle all talc claims after substantial litigation had been initiated. Through a complicated series of corporate transactions, J&J claims to have transferred all talc liability to …

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Statute of Limitations
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Wrongful Death Claim Dismissed in Case Involving Louisiana Statute of Limitations Rule

The U.S. District Court for the Eastern District of Louisiana — in Ragusa v. Louisiana Insurance Guarantee Association (October 8) — weighed in whether the state’s LIGA statutes violated the Louisiana Supreme Court rule that a newly created statute of limitations must provide a “reasonable time for those affected” to assert their “vested rights.”

More specifically, the court addressed what is a “vested right” in a wrongful death action.

The plaintiffs’ decedent was diagnosed with mesothelioma from asbestos exposure in June 2021.  Shortly after, in …

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Punitive Damages / Summary Judgment
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Boiler Manufacturer’s Motion for Partial Summary Judgment on Punitive Damages Claims Denied

Court: Supreme Court of New York, New York County (NYCAL)

In this asbestos action, defendant Burnham LLC moved for partial summary judgment to dismiss plaintiffs’ punitive damages claim. Specifically, Burnham argued that asbestos exposure from its boilers would fall below TLV or PEL/OSHA limits, and that it never received workers’ compensation claims for asbestos-related disease.

Ultimately, the court determined that plaintiff proffered evidence that demonstrated Burnham failed to warn plaintiff about the hazards of asbestos. Per the court, a reasonable juror could find that Burnham’s …

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Causation / Summary Judgment
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Caulking Manufacturer’s Motion for Summary Judgment on Causation Grounds Denied

Court: Supreme Court of New York, New York County (NYCAL)

In this asbestos matter, decedent, Anna M. Buczynski, alleged exposure to asbestos from laundering the clothing of her former husband, Anthony Buczynski. From 1976 to 2000, Mr. Buczynski used caulking and glazing products manufactured by DAP Inc. in various homes he shared with Ms. Buczynski, as well as for servicing customers of his hardware business. Mr. Buczynski testified that asbestos dust from the caulking and glazing products would cover his clothing, and that Ms. Buczynski …

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Causation / Experts / Subpoenas / Talc
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Plaintiff’s Causation Expert Must Identify Subjects of Talc Causation Studies

Court: Supreme Court of the State of New York, Appellate Division, First Judicial Department

The Supreme Court of the State of New York, Appellate Division, First Judicial Department recently determined that a causation expert widely used by plaintiffs in talc litigation, Dr. Jacquline Moline, must identify the subjects of her talc causation studies.

Johnson & Johnson (J&J ) sought out-of-state subpoenas in the Supreme Court of New York, New York County (NYCAL), in connection with ongoing litigation in New Jersey. The subpoenas specifically requested that …

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Expert Testimony / Louisiana
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Plaintiffs’ Motion in Limine to Exclude Defendants’ Expert Denied

Jurisdiction: United States District Court for the Eastern District of Louisiana

This case involves claims of asbestos exposure. Plaintiff Robert Stephen Sentilles initiated this action asserting negligence and strict liability claims against several defendants. Mr. Sentilles specifically claimed having asbestos exposure due to, among other things, working at various Navy shipyards involving insulation, asbestos blankets, and other related products from the 1950s to the 1980s. Plaintiff further claimed that he was diagnosed with mesothelioma as a result of the asbestos exposure on October 27, 2020.

Defendants …

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Asbestos Exposure / Mesothelioma / Motion to Dismiss / Statute of Limitations
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Defendants’ Motion to Dismiss Based upon Statute of Limitations Denied

Jurisdiction: Supreme Court of New York, New York County

On July 22, 2021, plaintiffs filed a complaint alleging asbestos exposure. Plaintiffs’ complaint specifically claims that asbestos exposure caused plaintiff Victoria Pawlowski to be diagnosed with peritoneal malignant mesothelioma after undergoing laparoscopic surgery, resulting in a nodule to be removed from her peritoneum.

Defendants filed a motion to dismiss plaintiffs’ complaint based upon the governing statute of limitations pursuant to CPLR § 3211(a)(5). Plaintiffs opposed this dispositive motion.

CPLR § 214-c(2) provides a three-year limitations period for …

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Louisiana / Summary Judgment
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Court Denies Plaintiff’s Attempt to Reinstate Prior Claim of Post 1969 Exposure

U.S. District Court for the Eastern District of Louisiana

Plaintiff Robert Stephen Sentilles was diagnosed with mesothelioma in October 2020. He filed his suit asserting negligence and strict liability claims against several defendants, including Avondale. Plaintiff alleged his illness was the result of asbestos exposure from the 1950s to the 1980s. More specifically, he alleged take-home exposure from his father and brother during their employment at Avondale, and from direct exposure from his own employment at Avondale.

Avondale filed three motions for partial summary judgment …

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North Carolina / Summary Judgment
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Multiple Motions Granted in Part for Summary Judgment and to Strike Evidence

United States District Court for the Northern District of California

In this wrongful death action, it is claimed that Decedent William Ankiel Jr. had exposure to asbestos-containing equipment during his service aboard a Navy vessel.

Mr. Ankiel served in the U.S. Navy as a boiler room technician aboard the USS Hollister from October 1975 to April 1978. As part of his work, he operated the boilers in the fire rooms, repaired equipment such as valves, pumps, and boilers, and cleaned machinery spaces for general upkeep. …

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Expert Challenges / Louisiana
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Plaintiffs’ Appeal to Reverse Defendants’ Daubert Motion In Limine was Granted

Court of Appeal of Louisiana, Fourth Circuit

In this action, plaintiff Climmie Craft filed suit in this matter asserting that she contracted asbestos-related lung cancer as a consequence of her take-home exposure to asbestos while laundering the asbestos-contaminated clothing of her husband, Jerry Craft. Mrs. Craft alleges that her husband was exposed to asbestos while employed by various stevedoring companies, including the defendants. Mr. Craft died from asbestos-related mesothelioma. To demonstrate that her household exposure to asbestos and her husband’s workplace exposure to asbestos were …

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Appeal / Asbestos Exposure / Mesothelioma / Mesothelioma Powder / New Trial / Shipyard
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Plaintiffs’ Motion for New Trial Reversed on Appeal

Court of Appeal of Louisiana, Fourth Circuit

In this action, the plaintiffs alleged decedent Vita Chenet had asbestos exposure from personal use of various talcum powder products, including Cashmere Bouquet, throughout her lifetime. As a result of this asbestos exposure, the plaintiffs further claimed Ms. Chenet developed malignant mesothelioma in October 2018 and passed away at the age of 83 in February 2019. A defendant filed an answer offering an alternative exposure. This defendant specifically alleged Ms. Chenet developed mesothelioma through her father’s employment as …

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