Author: Anthony I. Perchiacca

Business and lawyers discussing contract papers with brass scale on desk
Asbestos Exposure / Causation / Mesothelioma / Shipyard
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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 …

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Asbestos Exposure / Bankruptcy / Designate / Entities / Proof of Claim / Third Party
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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 …

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Asbestos Exposure / Causation / Mesothelioma / Summary Judgment
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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, …

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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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Asbestos Exposure / Bankruptcy / Indemnification / Preliminary Injunction / Successor Liability / Talc
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Debtor’s Motion for Preliminary Injunction Granted

Jurisdiction: United States Bankruptcy Court for the District of New Jersey

Whittaker, Clark & Daniels Inc. and its affiliates (Debtors) initiated this bankruptcy action with the Federal District Court of New Jersey.  They previously filed for Chapter 11 bankruptcy to address and resolve existing and future claims alleging injuries from exposure to products containing talc, asbestos, or chemical compounds processed or distributed by the debtors or their predecessors in interest. As a result of this litigation, debtors are defendants in 638 lawsuits across more than …

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Expert Testimony / Louisiana
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Plaintiffs’ Motion in Limine to Exclude Defendants’ Expert Denied

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

This case involves claims of asbestos exposure. Plaintiff Robert Stephen Sentilles initiated this action asserting negligence and strict liability claims against several defendants. Mr. Sentilles specifically claimed having asbestos exposure due to, among other things, working at various Navy shipyards involving insulation, asbestos blankets, and other related products from the 1950s to the 1980s. Plaintiff further claimed that he was diagnosed with mesothelioma as a result of the asbestos exposure on October 27, 2020.

Defendants …

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Asbestos Exposure / Mesothelioma / Motion to Dismiss / Statute of Limitations
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Defendants’ Motion to Dismiss Based upon Statute of Limitations Denied

Jurisdiction: Supreme Court of New York, New York County

On July 22, 2021, plaintiffs filed a complaint alleging asbestos exposure. Plaintiffs’ complaint specifically claims that asbestos exposure caused plaintiff Victoria Pawlowski to be diagnosed with peritoneal malignant mesothelioma after undergoing laparoscopic surgery, resulting in a nodule to be removed from her peritoneum.

Defendants filed a motion to dismiss plaintiffs’ complaint based upon the governing statute of limitations pursuant to CPLR § 3211(a)(5). Plaintiffs opposed this dispositive motion.

CPLR § 214-c(2) provides a three-year limitations period for …

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