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Plaintiffs’ Motion to Remand Denied

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

Plaintiffs Claudette Washington Skidmore and Courtney Skidmore Williams brought claims against several defendants after the death of their husband and father, Kurt Lawrence Skidmore.

Plaintiffs’ claims relate to defendants’ “mining, processing, manufacturing, installation, maintenance, sale, distribution, and/or use of asbestos and asbestos-containing products”. Plaintiffs further allege decedent was exposed to asbestos throughout the course of his career, that each individual exposure directly caused or contributed to his injury and death, and that all defendants …

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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 …

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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 …

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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.  …

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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 …

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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 …

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