Asbestos Case Tracker

August 6, 2024 Bankruptcy

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 …

September 10, 2024 Asbestos Exposure / Louisiana

Posted by: Anthony I. Perchiacca

Court Rejects Motion to Remand Asbestos Exposure Case to State Court

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

Plaintiff Irma Lee LaGrange filed a motion in this asbestos action seeking the court to decline supplemental jurisdiction and remand to state court. Defendants Huntington Ingalls Inc. (Avondale), Hopeman Brothers Inc. and other defendants opposed the motion to which LaGrange filed a reply.

LaGrange claimed to have contracted mesothelioma as a result of asbestos exposure by laundering her husband’s work clothes. Her husband, Allen C. LaGrange, was allegedly exposed to asbestos while working as …

September 10, 2024 Motion to Dismiss / Settlement Trust

Posted by: Nicole Caspers

Defendant Granted Motion to Dismiss Claim against Settlement Trust for Untimeliness

Superior Court of Delaware, New Castle

In the asbestos action Burhenn v. Celotex Asbestos Settlement Trust, the court granted defendant Celotex’s motion to dismiss on the grounds that the complaint was untimely filed. In 1990, the Celotex filed for bankruptcy. Subsequently, a settlement trust was created to pay claims of persons who had pending asbestos claims and any future victims who were exposed to the defendant’s asbestos-containing products. Pursuant to the terms of the Trust’s plan, all claims must be asserted against the Trust …

Business and lawyers discussing contract papers with brass scale on desk

September 5, 2024 Conclusory Affidavit / Conflicting Testimony / Prima Facie Evidence for Summary Judgment

Posted by: Jessica N. Reich

Plaintiff’s Testimony and Defendant’s Affidavit Conflict, Summary Judgment Denied

Court: Supreme Court of New York, Albany County

Plaintiff Warren Stouch brought this asbestos action in February 2020, claiming he was exposed to asbestos at his jobs, including through the use and wear of asbestos containing gloves allegedly manufactured by Magid Glove.

Discovery was exchanged and, importantly, Mr. Stouch was deposed. He testified he recalled wearing and cleaning asbestos containing kitchen gloves, which created dust, at two jobs — from 1957-1959 and from 1981-1989. He testified the gloves were made by Magid based on the logo …

September 4, 2024 Causation / Expert Testimony / Motion to Dismiss

Posted by: Kerry L. Jones

Pump Manufacturers’ Motion to Exclude Expert Causation Testimony Granted In-Part

Court: United States District Court for the Middle District of Florida, Tampa Division

In this asbestos action, defendants Atwood & Morrill Co. Inc. and Warren Pumps LLC filed a Daubert motion to exclude, or limit, certain causation testimony and opinions of plaintiff’s expert, David Zhang, MD.

Plaintiff Arnold Edmonds served aboard the USS Saratoga from 1962-1964. While on the ship, he was allegedly exposed to asbestos, which allegedly caused him to develop non-small cell lung carcinoma. Plaintiff filed suit against more than 20 companies and …

September 4, 2024 South Carolina / Verdict

Posted by: Kerry L. Jones

South Carolina Jury Returns $63.4M Plaintiff Verdict in Talc Trial

Court: Circuit Court of South Carolina, Fifth Judicial Circuit

A South Carolina jury Aug. 16 returned a $64.4 million plaintiff’s verdict against product manufacturer Johnson & Johnson and supplier American International Industries.

Plaintiff Michael L. Perry filed a lawsuit against numerous defendants, alleging that he developed mesothelioma from exposure to asbestos through his personal use and his family’s use of talcum powder products, as well as from his work at various hotels and through maintenance work on personal vehicles. Regarding the talc defendants, plaintiff alleged …

August 28, 2024 Causation / Motion to Dismiss / New York / Summary Judgment

Posted by: Kerry L. Jones

Putty Manufacturer and Talc Disturber’s Motion to Dismiss on Causation Grounds Denied

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

In this asbestos action, plaintiff Jennifer Peganis alleged take-home exposure to asbestos from laundering her husband’s work clothing. Defendant Donald Durham Company moved to dismiss the action on the basis that plaintiff failed to establish causation. Defendant Vanderbilt Minerals LLC jointed Durham’s motion to dismiss, arguing that Vanderbilt’s only connection to the action is due to its talc being a component ingredient in Durham’s water putty.

The moving defendants relied upon three experts: (1) Brittani …

August 28, 2024 New York / Personal Jurisdiction / Summary Judgment

Posted by: Kerry L. Jones

Holding Company’s Motion to Dismiss on Personal Jurisdiction Grounds Granted

Court: Supreme Court of New York County (NYCAL)

In this asbestos action, defendant Burnham Holdings Inc. moved to dismiss the complaint against it on personal jurisdiction grounds. Specifically, BHI asserted that it is a holding company that was incorporated in Delaware with a principal place of business in Pennsylvania. BHI further argued that as a holding company, it never placed any products in the stream of commerce and thus, has no ties to the state of New York.

In opposition, plaintiff argued that BHI is …

August 26, 2024 New York / Summary Judgment

Posted by: Anthony I. Perchiacca

Motion for Summary Judgment Denied as Plaintiff Failed to Establish De Facto Merger Doctrine

Jurisdiction: Supreme Court of New York, New York County

This action arises out of plaintiff Hydraulic IP Holdings LLC’s attempt to enforce a judgment entered against non-party Grace Apparel LLC. Plaintiff’s complaint alleges that the operation of Grace ceased, and assets were transferred to continue operation through successor entities, defendants GBrands Holding LLC and CC Apparel LLC, to avoid Grace Apparel’s creditors.

Plaintiff moved for summary judgment against defendants GBrands and CC on the first cause of action, successor liability. Defendants opposed and cross-moved for …

August 20, 2024 New York / Summary Judgment

Posted by: Anthony I. Perchiacca

Motion for Summary Judgment Denied as Defendant Failed to Prove Lack of Causation

Jurisdiction: Supreme Court of New York, New York County

Plaintiff John P. Reeves alleges asbestos exposure from, among other things, the asbestos-containing caulk of defendant DAP Inc. while serving in the U.S. Navy aboard the USS Forrestal from 1961 to 1964. He also alleges exposure from the caulking work he performed on various occasions in his home, and from DAP asbestos-containing window glazing while renovating his home between 1966 and 1967.

Plaintiff claims this asbestos exposure resulted in his diagnosis of lung cancer in 2019. …

August 20, 2024 New York / Summary Judgment

Posted by: Anthony I. Perchiacca

Defendant’s Motion for Summary Judgment Denied Due to Conclusory Affidavits

Jurisdiction: Supreme Court of New York, New York County

DAP filed a motion for summary judgment by arguing plaintiff cannot sufficiently demonstrate DAP’s exposed him to asbestos. DAP contends that it did not manufacture or sell any product that resembles the product described by plaintiff. Thus, according to DAP, plaintiff cannot establish that he was exposed to asbestosfrom its products. In support, DAP proffers, inter alia, two affidavits of Mr. Ward Treat, who contends that DAP did not manufacture, sell, or supply the products described …