Asbestos Case Tracker

November 14, 2023 Bankruptcy / Talc

Johnson & Johnson Considers a Third Talc Bankruptcy to Avoid Further Litigation

With more than two dozen jury trials scheduled over the next year involving contaminated talc claims related to its ubiquitous baby powder, discussions are already at Johnson & Johnson to puts its talc unit, LTL Management, back into bankruptcy for a third time.

J&J’s worldwide vice president of its talc litigation, Erik Haas, revealed during an October 17 earnings call the company is considering using another bankruptcy in hopes of pushing forward with an estimated $8.9 billion settlement of the thousands of claims alleging that …

Posted by: Susan R. Allen-Robbins

Court Denies Motions in Limine Despite Finding Expert Report Disclosure Untimely

Court: United States District Court for the District of Montana, Great Falls Division

From 1923 to 1994, Burlington Northern Santa Fe Railway Company (BNSF) transported vermiculite ore containing amphibole asbestos from a mining and processing location in Libby, Montana. Subsequently, an accumulation of airborne asbestos resulted in and around the town where plaintiffs resided. Plaintiffs allege the defendant’s railyard in downtown Libby served as the hub of the company’s vermiculate business and that it transported crushed vermiculite ore in open rail cars along its “Libby …

November 8, 2023 Bankruptcy / Motion for Leave / Motion to Dismiss / North Carolina

Posted by: Kerry L. Jones

Court Denies Asbestos Committee’s Motion for Leave to Appeal Bankruptcy Court’s Denial Order Regarding George-Pacific

Court: United States District Court for the Western District of North Carolina, Charlotte Division

As previously reported here in the Asbestos Case Tracker, in 2017 Bestwall LLC became solely responsible for all asbestos-related liabilities of Georgia-Pacific LLC following a divisional merger. After the restructuring, Bestwall filed a voluntary petition for chapter 11 bankruptcy in the Western District of North Carolina to resolve asbestos-related claims against it by way of a trust under 524(g) of the Bankruptcy Code. The Bankruptcy Court subsequently approved the appointment of …

November 7, 2023 Motion to Exclude / Summary Judgment

Posted by: Nicole Caspers

Plaintiff’s Expert Precluded under Rule 702, Talc Defendant’s Motion for Summary Judgment Granted

4^th Circuit US District Court

Plaintiff Patricia McElroy claimed asbestos exposure via talc-based beauty products from varying brands and asserted a cause of action based upon negligence and product liability, including inadequate design, formulation, breach of implied warranty, willful and wanton conduct, and failure to warn. The plaintiff alleged that defendant Colgate-Palmolive Company developed, manufactured, marketed, and distributed Cashmere Bouquet, which the plaintiff claimed caused her to inhale mesothelioma-causing asbestos fibers. The defendant moved to exclude the testimony of expert witness William Ewing, …

November 3, 2023 Maritime/Admiralty Law / Pennsylvania / Summary Judgment

Posted by: Susan R. Allen-Robbins

Gasket Manufacturer’s Motions for Summary Judgment Granted, in part, Pursuant to Maritime Law

Court: United States District Court for the Eastern District of Pennsylvania

Plaintiff’s decedent, Joseph Pine, served as a fireman aboard the USS Constellation from 1965-1967. After he died from mesothelioma a month after his diagnosis, his widow Lydia Pine (plaintiff) brought suit against defendant John Crane Inc. and a number of other asbestos manufacturers. As the final remaining defendant, Crane moved for summary judgment and to strike plaintiff’s jury demand.

According to the pleadings, the decedent worked on auxiliary equipment including pumps, gaskets, valves, generators, and steam-driven …

November 1, 2023 Motion to Renew / New York / Summary Judgment

Posted by: Kerry L. Jones

Floor Tile Manufacturer’s Motion for Renewal Denied on Causation Ground

Court: Supreme Court of New York, New York County

Defendant Mannington Mills Inc. moved for renewal of its previously denied motion for summary judgment, arguing the New York Court of Appeals’ Nemeth decision has since changed the law regarding causation. Under New York law, a party may move for leave to renew a decision to assert “new facts not offered on the prior motion that would change the prior determination or . . . demonstrate that there has been a change in the law that …

October 27, 2023 New York / Summary Judgment

Posted by: Elizabeth M. Lautenbach

Pipe Manufacturer Denied Summary Judgment in NYCAL

Supreme Court of New York, New York County

In this asbestos action, decedent Rudolf Horvath alleged that he was exposed to asbestos from Bondstrand pipes manufactured by the defendant, Ameron International. Ameron moved for summary judgment, arguing that its pipes could not have caused or contributed to the decedent’s injury. Ameron points to the decedent’s testimony that he worked with chemical pipes at a chemical plant in the West Side area of New York City. Ameron contends that the decedent could not have worked with …

October 20, 2023 California / Summary Judgment

Posted by: Elizabeth M. Lautenbach

Talc Defendant Denied Summary Judgment and Summary Adjudication

Court: Superior Court of California, County of Los Angeles

In this action, defendant Vanderbilt Materials LLC moved for summary judgment of the plaintiffs’ claim that plaintiff Roberto Gonzalez was exposed to asbestos in the defendant’s talc. Ultimately, the court denied the motion.

Under California law, “[a] defendant seeking summary judgment must conclusively negate a necessary element of the plaintiff’s case, or demonstrate that under no hypothesis is there a material issue of fact that requires the process of trial.” In response to a special interrogatory …

October 13, 2023 New York / Summary Judgment

Posted by: Jillian E. Madison

Cosmetic Talc Manufacturer Denied Motion for Summary Judgment Regarding Punitive Damages

Jurisdiction: Supreme Court of New York, New York County; October 5, 2023

Plaintiff filed a lawsuit alleging her asbestos-related disease was caused by her use of talcum powder products manufactured by, among others, Chanel. In the motion, Chanel moved to dismiss plaintiff’s punitive damages claim on the basis that Chanel did not exhibit the “level of malice and near criminal reckless disregard” necessary to justify such damages. Plaintiff opposed the motion, arguing that Chanel was aware of the presence of asbestos in its talc and the negative impacts …

Business and lawyers discussing contract papers with brass scale on desk

October 13, 2023 New York / Personal Jurisdiction

Posted by: Susan R. Allen-Robbins

Trial Court Finds Plaintiff Lacks Personal Jurisdiction over Holding Company Defendant

Court: Supreme Court of New York, New York County

Plaintiffs Michele Stuck and Jack Bannister, individually and as executors of the estate of Penelope Rigsby, brought an action against countless cosmetic manufacturers, including BATUS Holding Inc. Plaintiffs sued BATUS individually and as successor-in-interest to British American Cosmetics, Yardley Co., and Yardley of London Inc.

On the other hand, BATUS argued that as a holding company it never placed any products into the stream of commerce and thus has no ties to the State of New York. Plaintiff …