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Asbestos Litigation Analysis
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South Carolina Asbestos Litigation Moves Up in its Position on the 2023/2024 Judicial Hellholes List

Since its initial appearance on the Judicial Hellholes list in 2020, South Carolina asbestos litigation continues to move up. South Carolina has earned a reputation for bias against corporate defendants, unwarranted sanctions, low evidentiary requirements, liability expanding rulings, unfair trials, severe verdicts, a willingness to overturn or modify jury verdicts to benefit plaintiffs, and frequent appointment of a receiver to maximize recoveries from insurers.

As described in the 2023/2024 Judicial Hellholes report, the2024 asbestos litigation filings are overall 8% higher with 153 more lawsuits filed …

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Connecticut / Punitive Damages
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Court Awards $7.5 Million in Punitive Damages to Connecticut Plaintiff

Jurisdiction: Superior Court of Connecticut, Judicial District of Bridgeport at Bridgeport

Decedent Nicolas Barone was diagnosed with mesothelioma in May 2022. His surviving spouse, Kathryn Barone (plaintiff)brought suit in September 2023, following her husband’s death in June of that year. Plaintiff’s third amended complaint alleged the cause of plaintiff’s mesothelioma was asbestos exposure from talc supplied by defendant International Talc Company and its successor, Vanderbilt Minerals LLC. After a four-week trial, the jury reached a unanimous verdict and found Vanderbilt liable for a total of $15 million in …

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New York / Summary Judgment
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Court Denies Valve Manufacturers Summary Judgement Motion

Supreme Court of New York, New York County

Plaintiff Raymond Lee, as administrator for the estate of the decedent, Jim Lee filed a lawsuit in the Supreme Court of New York, New York County alleging decedent was exposed to asbestos from his’s employment working around various products. Defendant, Crosby Valves, filed a motion for summary judgement to dismiss the claims against them.

A court must grant summary judgment if the movant establishes its claim “as a matter of law” and no “issue of fact” warranting …

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New York / Summary Judgment
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Court Denies Valve Manufacturer’s Summary Judgement Motion

Supreme Court of New York, New York County

In this asbestos action, Plaintiff Jane E. Wixted, as executrix for the estate of the decedent, Thomas N. Wixted (“Decedent”) filed a lawsuit in the Supreme Court of New York, New York County allegingDecedent was exposed to asbestos from his employment working around various products. Defendant, Crosby Valves, filed a Motion for Summary Judgement to dismiss the claims against them.

A court must grant summary judgment if the movant establishes its claim “as a matter of law” …

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New York / Personal Jurisdiction
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New York Court Grants Valve Manufacturer’s Motion for Summary Judgment Based on Lack of Personal Jurisdiction

Court:  Supreme Court of New York State, Erie County

Plaintiff Ronald McInnis worked as a career union pipefitter from the 1970s-2010s. A native of Chatham, New Brunswick, plaintiff spent the vast majority of his career working at various paper mills, chemical plants, refineries, and power plants throughout New Brunswick, Ontario, and parts of Alberta, Canada. He was diagnosed with mesothelioma in October 2023 and initiated a lawsuit in Erie County Supreme Court in Upstate New York.

Plaintiff alleged that his work during shutdown or refurbishing periods at …

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Motion to Dismiss / Pennsylvania
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Court Rules Pro Se Plaintiff’s Deliberate Indifference Claim Actionable

Jurisdiction: United States District Court for the Middle District of Pennsylvania

This is a prisoner civil-rights case filed pursuant to 42 U.S.C. § 1983, regarding the conditions of confinement in Huntingdon State Correctional Institution (SCI-Huntingdon). The case was originally filed as a putative class action by three individual pro-se plaintiffs on behalf of a class of Huntingdon State Correctional Institution inmates. The court dismissed the class complaint and granted the remaining individual plaintiffs, Bobby Kenneth Williamson and Antonio Bundy, leave to amend their individual claims. They filed two …

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Asbestos Exposure / Negligence / Verdict
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California Jury Finds for Asbestos Defendant in Friction Products Case

Court: California Superior Court, Los Angeles County

In this asbestos action, plaintiffs Leon Solis Jr., Laura Rangel, Crystal Solis and Leon Solis filed suit claiming negligence against several defendants, including Brake Parts Inc., in the Los Angeles County Superior Court. Plaintiffs alleged Sylvia Solis contracted mesothelioma from asbestos exposure, resulting in Ms. Solis’s death.

The case went to jury trial Oct. 4 against Brake Parts as the only remaining defendant. Plaintiffs claimed Brake Parts allegedly created brakes by attaching asbestos linings to metal shoes. At trial, the …

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Asbestos Exposure / Product Liability / Successor Liability / Talc / Verdict
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Connecticut Jury Awards $15 Million Talc Verdict against Johnson & Johnson Entities

Court: Connecticut Superior Court – Fairfield at Bridgeport County

In this asbestos action, Plaintiffs Evan Plotkin and Martha Barry-Plotkin filed suit claiming Mr. Plotkin had asbestos exposure from, among other things, personal use of Johnson & Johnson Baby Powder from the 1950s through the 2000s. 

Plaintiffs alleged that Johnson & Johnson owned the Vermont talc mines that were the source of the asbestos exposure, which resulted in Mr. Plotkin to develop mesothelioma. The lawsuit eventually encompassed J&J and its entities that were created by J&J through …

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Asbestos Exposure / Verdict
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Virginia Jury Awards $3.45 Million In Millwright Mesothelioma Case

Virginia Circuit Court

In this asbestos action, plaintiff Patricia Katcham filed suit claiming that her husband, James Katcham, had occupational exposure to asbestos because of his career as a millwright. It was specifically alleged that Mr. Katcham had occupational asbestos exposure by working with gaskets, packing and other asbestos-containing products while employed as a millwright at the DuPont Spruance plant in the 1960s and 1970s. This asbestos exposure purportedly resulted in Mr. Katcham contracting mesothelioma, which caused his death. In a declaration provided before his …

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Asbestos Exposure / Verdict
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New York Jury Awards $600,000 in Mechanic’s Mesothelioma Case

New York Supreme Court – New York County

In this asbestos action, plaintiff Michael C. Wagner filed a lawsuit in the Supreme Court of New York – New York County, alleging occupational exposure to asbestos because of his career as a mechanic, resulting in Mr. Wagner contracting mesothelioma. Mr. Wagner named numerous defendants, including North American Honda Motor Co., Inc., in this litigation. On August 19, 2024, the case proceeded to trial against Honda. At trial, Mr. Wagner argued that Honda knew about the dangers …

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