LATEST INSIGHTS

Courtroom, Gavel And Law Books
Asbestos Litigation Analysis
Posted by:

Judicial Hellholes: 2024-2025 Executive Summary

The 2024-2025 Judicial Hellholes report shines its brightest spotlight on 10 jurisdictions that have earned reputations as Judicial Hellholes. Asbestos litigation continues to be a trend within numerous jurisdictions. Specifically, it appears we can continue to count on asbestos litigation in various jurisdictions making the Judicial Hellhole list due to abusive filings and plaintiff-friendly judges and jurisdictions.

New York remains high on the list with South Carolina following closely behind and Cook County, Illinois, and St. Louis, Mo., placing within the Top 10. 

As a …

Continue Reading
Closeup of a sculpture with balance
Appeal / Causation / Motion for Summary Judgment / Talc
Posted by:

Court Reverses Denial of J&J’s Motion for Summary Judgment on Causation Grounds

Court: Supreme Court of New York, Appellate Division, First Department

The Supreme Court of New York, Appellate Division, First Department earlier this week unanimously granted defendants Johnson & Johnson and LTL Management LLC’s — (J&J collectively) — appeal of its causation motion for summary judgment and dismissed the complaint against J&J in a reversal of the Supreme Court, New York County (NYCAL) April 2024 decision.

The First Department held that J&J made a prima facia showing of entitlement to summary judgment by submitting epidemiological studies …

Continue Reading
Business and lawyers discussing contract papers with brass scale on desk
Asbestos Exposure / Causation / Mesothelioma / Shipyard
Posted by:

Court Rules in Favor of Defendant in Asbestos Action for Lack of Causation

Jurisdiction: United States District Court for the Western District of Washington

Plaintiff claimed decedent Geraldine Rabb Perkins had asbestos exposure resulting in her diagnosis of mesothelioma.

Plaintiff specifically alleged that Mrs. Perkins had para-occupational asbestos exposure originating from Puget Sound Naval Shipyard where decedent’s husband, Harang Joseph Perkins, worked as a machinist’s mate for the U.S. Navy between approximately 1968 and 1974. It was claimed Mrs. Perkins had para-occupational asbestos exposure from laundering Mr. Perkins work clothes.

Prior to being diagnosed with mesothelioma, Mrs. Perkins …

Continue Reading
judge's gavel and books
Asbestos Exposure / Bankruptcy / Designate / Entities / Proof of Claim / Third Party
Posted by:

Defendant’s Motion for Leave to Designate Responsible Third Parties Granted Under Texas Law

Superior Court of Delaware, New Castle

Although this action – In Re: Asbestos Litigation; Ladonna Sue Braxton, Individually and as Independent Executrix of the Estate of Marvin Jerry Braxton Jr., deceased, vs. J-M Manufacturing Company, Inc., et al. – is venued in Delaware, the case is governed by Texas law. The sole defendant is J-M Manufacturing Company, Inc.

In this asbestos action, the plaintiffs allege the decedent, Marvin Jerry Braxton, Jr., had occupational exposure to asbestos, resulting in Mr. Braxton developing mesothelioma. Prior to passing …

Continue Reading
The law concept background.
Punitive Damages / Summary Judgment
Posted by:

New York Court Denies in Part, Grants in Part Talc Defendant’s Motion for Summary Judgment

In October 2020, Corey G. Griffin was diagnosed with peritoneal mesothelioma. He alleged asbestos exposure from the use of talcum powder related to his employment from the late 1950s until the 2000s. During this time, the plaintiff worked as an artist, makeup specialist, designer, and stylist in New York City and abroad. He brought this action against numerous cosmetic defendants in 2021, prompting extensive litigation.

In 2024, defendant American International Industries moved for partial summary judgment pursuant to CPLR 3212 on the plaintiff’s punitive damages …

Continue Reading
Wooden judge gavel, close-up view.
Asbestos Exposure / Causation / Mesothelioma / Summary Judgment
Posted by:

Defendant’s Motion for Summary Judgment in Asbestos Action Partly Granted

Jurisdiction: Superior Court of Rhode Island, Providence

Plaintiffs alleged decedent Peter A. Lowe Sr. was exposed to asbestos while employed with his father’s company – Lowe Excavating and Construction – from approximately 1965 until the late-1970s. Plaintiffs allege this exposure resulted in Mr. Lowe being diagnosed with malignant mesothelioma in 2018, which ultimately caused him to pass away in August 2019. Plaintiffs initiated litigation asserting several theories of liability, including failure to warn, negligence, strict liability, breach of express and implied warranty, and other related claims, …

Continue Reading
Business and lawyers discussing contract papers with brass scale on desk
California / Remand/Removal
Posted by:

Plaintiffs Succeed in Motion to Remand Case to State Court

Jurisdiction: United States District Court for the Central District of California

Decedent David L. Dunlavey worked as a pipefitter and steamfitter from 1967 to 2006 — including time spent around 1970 working as a pipefitter for University Mechanical and performing work for National Steel and Shipbuilding Company (NASSCO). 

His employment required him to handle asbestos-containing materials and products in the service, maintenance, repair, installation, removal, and disposal of various piping and boilers systems. Decedent was diagnosed with mesothelioma and his estate brought a wrongful death action …

Continue Reading
Wooden judge gavel, close-up view.
Summary Judgment
Posted by:

Union Carbide Prevails in Rare Rhode Island Asbestos Trial

Plaintiff Bonito brought this asbestos action based on her diagnosis of, and eventual passing from, mesothelioma.

Plaintiff alleged exposure from laundering her husband’s clothes from approximately 1966 to the1990s. Mr. Bonito worked at various jobs during that time.

There were two defendants who took the case to trial. Union Carbide and Graybar Electric Co. Inc. made motions to exclude the plaintiff’s experts, which were subsequently denied. Despite the adverse ruling on the motion, the case went to trial against Union Carbide.

After nine days of …

Continue Reading
EPA Offices, Washington DC
Asbestos Litigation Analysis
Posted by:

EPA Announces Part 2 of Final Rule to Prohibit Asbestos Use in the United States

The U.S. Environmental Protection Agency on Dec. 3 issued Part 2 of a final risk determination providing an overview of the hazards of asbestos “to workers in certain conditions.” The agency will soon begin the risk management process to address the “unreasonable risk” associated with legacy use and associated disposal of asbestos. 

EPA announced previously Part 1 of the final rule in March. That initial section banned the use and import of chrysotile asbestos under the Toxic Substances Control Act (TSCA). Although there are several …

Continue Reading
The law concept background.
Connecticut / Punitive Damages
Posted by:

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 …

Continue Reading