The Environmental Protection Agency announced on March 18 a final rule to prohibit the use of chrysotile asbestos in the United States. Although numerous types of asbestos exist, chrysotile is unique in that it is the only form imported into the country. Industries such as the chlori-alkali industry continue to utilize asbestos products, with imports of raw chrysotile as recent as 2022. EPA’s ban is set to be the first rule finalized under the 2016 amendments to the Toxic Substances Control Act (TSCA). Passed in …
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Defendants’ Motions to Preclude Expert Reports Denied
Court: United States District Court for the Southern District of New York
Plaintiff Brian Joseph Gref alleged that his use of talcum-powder products caused his diagnosis of peritoneal mesothelioma.
During the course of discovery, the court ordered that plaintiff’s medical reports were to be served on defendants by December 15, 2021. Plaintiff served Dr. Jacqueline Moline’s expert report, dated October 28, 2021, by the court-ordered deadline. Defendants then deposed Dr. Moline on July 6, 2022, and September 23, 2022.
On the first day of her deposition, Dr. …
Continue ReadingGrant of Summary Judgment to Aluminum Plant Owner Reversed
Jurisdiction: Court of Appeals of Iowa
We previously reported on this matter involving the decedent, Charles Beverage, who was employed as an independent contractor at an aluminum plant between the 1950s and the mid-1970s. Following his death in October 2015, the decedent’s estate filed a products liability suit against several defendants, including Alcoa Inc., the aluminum plant’s owner, and Iowa-Illinois Taylor Insulation Inc., an installer of insulation, alleging that the decedent was exposed to asbestos during his employment and subsequently contracted mesothelioma.
At that time, …
Continue ReadingFederal Court Denies Plaintiff’s and Defendants’ Motions in Limine on Eve of Trial
U.S. District Court for the Eastern District of Louisiana
Decedent Terry J. LeGendre worked for defendant Huntington Ingalls, Inc. (Avondale) from October 1967 to January 1968. He was later diagnosed with and died from mesothelioma. Prior to the May 2024 trial, defendants General Electric Company, Paramount Global, Eagle Inc., Foster Wheeler LLC, Uniroyal, Inc., and Taylor-Seidenbach Inc. moved to limit or exclude the plaintiff’s experts. Likewise, the plaintiff moved to exclude the expert opinion presented by defendants Avondale and Bayer CropScience, Inc.
The defendants’ motion …
Continue ReadingCourt Denies Railway Company’s Renewed Motion for Spoliation; Agrees to Bifurcate Trial
Court: United States District Court for the District of Montana, Great Falls Division
In connection to defendant Burlington Northern Santa Fe Railway Company’s ongoing litigation in Libby, Montana (covered extensively by the Asbestos Case Tracker, including most recently HERE), the estate of decedent Mary Diana Moe brought an action against BNSF for wrongful death allegedly resulting from decedent’s exposure to asbestos resulting from BNSF’s activities in Libby.
BNSF previously moved for spoliation sanctions stemming from plaintiff’s failure to preserve decedent’s remains after her death. …
Continue ReadingFirst Department Affirms Denial of Pipe Manufacturer’s Motion for Summary Judgment
Court: Supreme Court of New York, Appellate Division, First Department
In this asbestos action, decedent Rudolf Horvath alleged that he was exposed to asbestos from Bondstrand pipes manufactured by defendant, Ameron International, at a sewage plant in midtown Manhattan. In response, Ameron filed a motion for summary judgment, arguing the sewage plant referenced by decedent must have been the North River wastewater treatment plant, which did not exist until 1985 at a time when Ameron no longer manufactured Bondstrand pipe using asbestos.
The trial court …
Continue ReadingFlorida Jury Returns Defense Verdict in Ovarian Cancer Trial
Court: United States District Court, Middle District of Florida
On Thursday April 18, a Florida jury found the talcum powder in Johnson & Johnson’s baby powder product did not cause the ovarian cancer of deceased Sarasota County resident Patricia Matthey.
The plaintiffs alleged in their complaint that J&J suppressed scientific evidence linking talc products to increased cancer risk and that the corporation knew for decades that the talc used in its baby powder could be contaminated with asbestos. At trial, J&J argued that there was …
Continue ReadingChicago Jury Returns $45M Plaintiffs Verdict in Talc Trial
Court: Circuit Court of Cook County, Illinois
On April 19, a Chicago jury ordered Johnson & Johnson to pay $45 million to the family of a Cook County woman named Theresa Garcia who died from mesothelioma, allegedly caused by exposure to asbestos in various talc powder products.
Plaintiffs claimed that Theresa Garcia inhaled asbestos fibers contained in the talc, citing to lab tests, which demonstrated talc products could contain small amounts of asbestos, which they say could then cause mesothelioma.
In a statement issued following …
Continue ReadingAppellate Court Reverses Premise Defendant’s Summary Judgment Ruling
Court: Court of Appeals of Texas, Fourteenth District, Houston
Carolyn and Frank Burford were married from November 1962 until Carolyn’s death in 2015. While married, Frank Buford worked for Alcoa at its aluminum smelter in Rockdale, Texas. As a potlining helper, Mr. Burford regularly worked with and around asbestos-containing materials. Mrs. Burford (Carolyn, or decedent) washed his work clothing every day for a period of 25 years. In 2006, she sought medical care after developing shortness of breath. Her pulmonologist diagnosed her with asbestosis and she later died …
Continue ReadingAppellate Court Affirms Finding of Liability against Talc Defendant; Vacates Apportionment of Liability
Court: Superior Court of Pennsylvania
In this asbestos action, appellant American International Industries (AII) appealed from a judgment entered in December 2022 awarding damages to appellee, Holly Fisher, executrix of the Estate of Sandra Reichart (decedent), following a jury trial.
Decedent owned a beauty salon from 1960 through 1985. During that time, decedent allegedly used the following talcum powders on clients: Clubman, Jeris, Jean Nate, and Cashmere Bouquet. Following decedent’s passing from mesothelioma in 2019, Fisher field a lawsuit claiming that the aforementioned talcum powders …
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