James F. Coleman

All articles by James F. Coleman

 

Reconsideration of Motion to Dismiss of Auto Parts Manufacturer Denied Due to No Manifest Error

Defendant National Automotive Parts Association (NAPA) filed the instant Motion for Reconsideration of the order denying the Motion to Dismiss for Lack of Personal Jurisdiction, putting forth three arguments:
  1. The order appeared to have mistakenly cited to inadmissible and incompetent evidence
  2. The court may have overlooked a key distinction between branding or licensing a product and manufacturing or distributing a product
  3. The order did not rule on NAPA’s alternative request that an evidentiary hearing be held to resolve any factual conflict
Western District of Washington…  

California Jury Awards Twelve Million Dollars to Plaintiff in Talc Case

CALIFORNIA – A California jury found that asbestos in talcum powder products sold by two companies was the likely cause of the plaintiff Patricia Schmitz’s mesothelioma, awarding her two million dollars in economic damages and ten million dollars in noneconomic damages. The jury did not reach a conclusion as to whether to award punitive damages or on an intentional misrepresentation claim against one of the companies. Read the case decision here.…  

Summary Judgment Granted Based on Prior Order

WASHINGTON – The plaintiff, Sherri Deem, filed suit on behalf of herself and the estate of her husband, Thomas Deem, alleging that his exposure to asbestos as a machinist at the Puget Sound Naval Yard caused him to develop mesothelioma. Thomas Deem passed away on July 2, 2015 and Sherri Deem filed suit on November 20, 2017 against certain defendants, not including Cleaver-Brooks, and filed a nearly identical suit on June 28, 2018 against 23 other companies, including Cleaver-Brooks. The cases were consolidated for the…  

Outcome of Instant Matter Would Not Impact Non-Party Talc Supplier’s Pending Bankruptcy Estate, Remand Ordered

PENNSYLVANIA – The defendant Johnson & Johnson (J&J), in a topic that has been extensively covered by the Asbestos Case Tracker, indicated in its notice of removal that this case is one of many in the United States which involve claims concerning personal injuries and deaths allegedly caused by J&J’s cosmetic talc. J&J’s motion further indicates that the “sole supplier” of the talc which the defendant used in its product, filed for bankruptcy under Chapter 11. The plaintiffs’ complaint is similar to those filed by…  

Plaintiffs’ Post-Sale Failure-To-Warn Theory of Negligence Unpersuasive; Defendants’ Motions for Judgment as Matter of Law Granted

WASHINGTON – The instant matter arises from the decedent Patrick Jack’s alleged exposure to asbestos-containing products through his work as an automotive mechanic, a machinist in the Navy, and a machinist and inspector at the Puget Sound Naval Shipyard. Jack sued multiple companies, alleging that his exposure to asbestos caused him to develop mesothelioma. Jack passed away in October of 2017, and his wife and son proceeded as the plaintiffs. This case has previously been covered by the Asbestos Case Tracker. The plaintiffs proceeded…  

Plaintiffs’ Claims Against Employer Barred Under Workers’ Compensation Grounds; May Plead Alternative Premises Liability Claims

LOUISIANA – The plaintiff, Victor Michel, filed a lawsuit in state court in July 2017, alleging that his work as a mechanic exposed him to asbestos which caused him to develop peritoneal mesothelioma. The case was removed to federal court on May 8, 2018 and the plaintiff passed away five days later. The court substituted his survivors as the plaintiffs on July 10, 2018, and as of January 25, 2019, Ford Motor Co. was the only remaining defendant. On February 20, 2019, the…  

Court Recommends Granting Five Defendants’ Motions for Summary Judgment Based on Lack of Substantial Factor Causation

DELAWARE – The plaintiff Richard Rogers filed suit against multiple defendants in the Superior Court of Delaware, alleging that his exposure to asbestos caused him to develop mesothelioma; he asserted claims for negligence, punitive damages, and conspiracy. The defendant Foster Wheeler removed the case to the district court pursuant to the federal officer removal statute. Rogers was deposed in April 2018 and the plaintiff offered no other fact or product identification witnesses. Warren Pumps, General Electric, Air & Liquid, Wagner, and Asbestos Corp. subsequently filed…  

Fire-Door Manufacturer’s Affidavit Based Only on Personal Knowledge Not Enough to Overcome Plaintiff’s Decedent’s Testimony About Exposure to Their Product

NEW YORK – The defendant Algoma Hardwoods, Inc. filed a motion for summary judgment in the instant matter, contending via an affidavit signed by its principal that it did not sell or distribute asbestos-core fire doors in the New York metropolitan area where the plaintiff’s decedent worked during the relevant time period and therefore he could not have been exposed to their product. The affidavit was based on the principal’s personal knowledge, but was unaccompanied by documentation such as sales records substantiating the averments. The…  

J&J’s Emergency Motion for Provisional Transfer Deemed Unwarranted, Denied

DELAWARE — Non-debtors Johnson & Johnson and Johnson & Johnson Consumer Inc. (J&J) filed an emergency motion for provisional transfer, seeking entry of an order directing provisional transfer of approximately 2,400 federal and state personal injury and wrongful death actions, pending the court’s decision on J&J’s motion to fix venue for claims. The motions relate to the chapter 11 cases of Imerys Talc America, Inc. and certain affiliates (debtors), which were filed on February 13, 2019. The plaintiffs in the approximately 2,400 federal and state…  

Plaintiff’s Future Medical Award Reinstated Against Defendant Stevedore Company Based on Strength of Evidence Presented

LOUISIANA — The plaintiff Jerry Craft (plaintiff) filed suit against multiple stevedore companies, alleging that his work as a longshoreman on the New Orleans riverfront from 1953 until 1989 exposed him to asbestos that caused him to develop mesothelioma. Multiple other stevedore companies for which the plaintiff worked settled out of court, were dismissed from the litigation, or did not appear in the litigation at all. The defendant Ports America Gulfport, Inc. (defendant) pursued litigation, and went to trial. The jury was given a special…  

Jury Verdict of $32.7 Million Against Insulation Manufacturer Upheld Based on Weight of Evidence

NORTH CAROLINA — The plaintiff Ann Finch filed suit on behalf of herself and the plaintiff’s decedent, Franklin Finch, alleging that his exposure to asbestos caused his mesothelioma. The plaintiff resolved or dismissed her claims against all parties outside of Covil Corporation (Covil), and the case was tried in October of 2019. The court charged the jury on North Carolina state law negligence and failure to warm claims. The jury found Covil liable on both counts, and returned an award of $32.7 million in damages.…  

Missouri on Brink of Passing Updated Venue and Joinder Statute

MISSOURI — On Wednesday, May 1, 2019, the Missouri House of Representatives voted in favor of a bill, already approved in the State Senate, that would change the rules for joinder and venue in the state.  The bill, which is expected to be signed by Governor Mike Parson, has potentially far-reaching implications in one of the busiest mass tort case jurisdictions in the country. At its core, the measure would require individuals to bring a claim where they live, where they were injured, or the…  

Turbine Manufacturer’s Removal Deemed Timely Due to Plaintiffs’ Vague Initial Pleadings and Answers to Interrogatories

MARYLAND — The plaintiffs filed suit in the Circuit Court for Baltimore City on April 4, 2018, against Westinghouse and thirty other the defendants. In the original complaint, the plaintiffs provided no time frame during which the plaintiff’s decedent, Vincent James Barrett, may have been exposed to asbestos, nor did it provide any specifics as to which he was exposed to or identify ships on which he may have worked. On December 18, 2018, Westinghouse removed the case to the District Court of Maryland “within…  

Jury Instructions Confused Non-Party’s Role as Employer and Manufacturer, Leading to Incorrect Attribution of Liability

NEW YORK — The sole issue on appeal “is the attribution of liability as between Con Ed and non-party Robert A. Keasbey, Co., (Keasbey).” For three months in 1958, the plaintiff’s decedent worked in close proximity to Keasbey employees, who used asbestos-containing concrete products, including Rex and Rakco concrete manufactured by Keasbey.  From the winter of 1964 to the spring of 1965, the plaintiff’s decedent worked for Keasbey as an asbestos installer at a Con Ed plant in Ravenswood, Queens and used Rex and Rakco.…  

Duty to Warn Recognized in Maritime Tort Context

In a case extensively covered by the Asbestos Case Tracker blog the US. Supreme Court examined a multi-district asbestos product liability action. In the claim, widows of deceased veterans brought negligence and strict liability action against several defendants, including manufacturers of engines and other equipment installed on Navy ships, alleging veterans developed cancer due to exposure to asbestos on board Navy ships. Following remand from the court of appeals, the U.S. District Court for the Eastern District of Pennsylvania granted manufacturers’ motions for summary judgment.…  

Bare Metal Defense Does Not Apply To Negligence Claims Under Maritime Law

The U.S. Supreme Court held that manufacturers are liable for injuries caused by parts with asbestos that were subsequently added to their products by third parties, affirming the special protections extended to sailors under maritime law. The court reviewed the following question: “Can products-liability defendants be held liable under maritime law for injuries caused by products they did not make, sell, or distribute?” In a case previously reported by the Asbestos Case Tracker, the court, in a 6-3 ruling, upheld a third circuit decision that…  

Illinois Passes Bill Lifting 25 Year Statute of Repose for Occupational Disease Lawsuits

ILLINOIS — Senate Bill 1596 passed in the House on Thursday, March 14, and is expected to be signed by Governor J.B. Pritzker in short order. When Governor Pritzker signs the bill, it will take effect immediately. The measure will change provisions of the Illinois Workers’ Compensation Act and Workers’ Occupational Disease that had imposed a 25-year statute of repose for occupational injury and a three-year statute for occupational disease. The measure will effectively overturn Folta v. Ferro Engineering, an Illinois Supreme Court decision…  

Date of First Purchase Creates Material Fact Dispute, Automotive Supplier’s Motion for Summary Judgment Denied

WASHINGTON — The plaintiff Eric Klopman-Baerselman originally filed suit in state court on behalf of the plaintiff’s decedent Rudie Klopman-Baerselman, alleging that his exposure to asbestos-containing products manufactured, sold, or distributed by the defendants substantially contributed to his mesothelioma. The defendants subsequently removed the case to federal court. The allegations against the moving the defendant, O’Reilly Automotive Stores, Inc. (O’Reilly) are that the plaintiff’s decedent was exposed to asbestos-containing brakes, clutches, and gaskets purchased at Schuck’s, an entity under the O’Reilly umbrella. O’Reilly moved for…  

Expansion of Employer Take-Home Asbestos Exposure Duty Reaches Nine States

VIRGINIA — The State of Virginia recently expanded the potential duty to warn owed for take-home asbestos exposures in the Quisenberry case. The plaintiff Wesley Quisenberry filed suit on behalf of his decedent mother, alleging that her exposure to asbestos while laundering her father’s clothes caused her mesothelioma. The plaintiff’s decedent’s father worked at a shipyard for 35 years, and the plaintiffs allege that asbestos dust adhered to his clothing, contaminated his car, and came home with him. The defendant removed the case to federal…  

Multiple Actions Dismissed Against Brake Manufacturer Due to Forum Non Conveniens

NEW JERSEY — Multiple deceased plaintiffs brought actions against Honeywell alleging they contracted mesothelioma as a result of exposure to asbestos from Bendix brakes while working as mechanics in the United Kingdom. The plaintiffs filed in New Jersey despite the alleged exposure oversees. Honeywell moved for dismissal based on the doctrine of forum non conveniens after discovery was conducted. Judge Cantor granted dismissal in the majority of the cases and Judge Viscomi also granted dismissal in the remaining case. The plaintiffs appealed arguing abuse of…  

Defendant Pump and Compressor Manufacturer’s Removal Deemed Untimely

CALIFORNIA — The plaintiffs Michael Roy Harris and Elsie Harris sued multiple parties, including Ingersoll-Rand Company (IR), alleging that Michael developed mesothelioma due to asbestos exposure resulting from his work at two U.S. Navy shipyards and while serving in the Navy. The plaintiffs initially filed suit in the Superior Court of California, County of Alameda, on May 25, 2018. Over six months later, on December 17, 2018, IR removed the case to the Northern District of California. The plaintiffs filed the instant motion to remand.…  

Dismissal of 1997 Lawsuit against Non-Party Defendants Insufficient for Summary Judgment Under Federal Employer’ Liability Act

NEW YORK — The plaintiff’s decedent Mason South and his wife Ann South sued Chevron Corp. and several other defendants, alleging that the defendants were responsible for causing Mason’s mesothelioma. Chevron moved for summary judgment based on a release that the plaintiff’s decedent signed when he settled a 1997 lawsuit against Texaco, Inc. and many other defendants based on his exposure to asbestos.The Supreme Court denied Chevron’s motion, reasoning that the record at that stage of the proceedings did not meet Chevron’s heightened burden under…  

Nonparty Discovery Allowed in Take Home Exposure Case

NEW YORK — The instant motion by the defendants Ford Motor Company and Hennessey Inc. stems from lawsuit filed on behalf of decedent Frances Lange; the plaintiffs assert that Mrs. Francis Lange (Frances) contracted mesothelioma as a result of the inhalation of asbestos during the course of laundering her deceased husband’s (Carl) and son’s (Jeffery) clothing. On November 12, the defendant Ford requested authorizations for Carl and Frances’ Social Security records, in response the plaintiff only provided Francis’ records. Ford also requested Carl and Jeffery’s…  

Plaintiff’s Motion to Remand Denied Due to Fraudulent Joinder of Talc Defendant

MISSOURI — The plaintiff Shawnee D. Douglas originally filed suit against multiple entities, contending that her use of talc product caused her malignant mesothelioma. Johnson & Johnson (J&J) removed the case to federal court on the grounds that diversity of citizenship exists because, inter alia, the only Missouri-based defendant, PTI Union, was “fraudulently joined.” Numerous motions were filed by the parties, including: Imerys Talc America, Inc.’s Motion to Dismiss the plaintiff’s Petition for Lack of Personal Jurisdiction, the plaintiff’s Emergency Motion to Remand with…  

Trial Court Did Not Abuse Discretion in Granting Plaintiff’s Motion to Dismiss Without Prejudice Prior to Ruling on Defendant’s Summary Judgment

LOUISIANA — The plaintiff James Sizemore filed suit in Louisiana State Court against multiple defendants, alleging that his diagnosis of mesothelioma was caused by exposure to asbestos while working as a welder, pipefitter, and boilermaker at numerous industrial facilities. The plaintiff’s alleged exposure to certain defendants products occurred exclusively in South Carolina, and those defendants moved for dismissal for lack of personal jurisdiction or forum non conveniens. In response, The plaintiff dismissed those defendants and filed a companion suit in South Carolina.  Viking Pumps…  

In Talc case, Motion to Dismiss Denied Based on Business Registration; Case Not Remanded to State Court

PENNSYLVANIA -The plaintiffs filed suit in the Philadelphia Court of Common Pleas against Imerys and Johnson & Johnson, alleging that the plaintiff Carrie Youse’s use of cosmetic talcum powder caused her to develop mesothelioma. Imerys filed a notice of removal, including within the notice J&J’s consent. Soon thereafter, Imerys filed a Motion to Dismiss for lack of jurisdiction which was rendered moot by the plaintiffs filing an amended complaint. In the amended complaint, the plaintiffs added a claim against Walmart. The plaintiffs subsequently moved to…  

Three Experts’ Opinions Deemed Reliable and Relevant Under Daubert Standard

LOUISIANA — The defendants Ford and Cummins filed motions in limine to exclude or limit the expert testimony of the plaintiffs’ experts Dr. Brent Staggs, Dr. Murray Finkelstein, and Christopher Depasquale. The plaintiff Victor Michel filed suit in state court against multiple defendants, alleging that his exposure to asbestos while working as a mechanic and generator service technician caused him to contract peritoneal mesothelioma. Under Daubert, the district court “is to act as a gatekeeper to ensure that ‘any and all scientific testimony or…  

Louisiana Case Remanded Due to Lack of Causal Nexus Between Defendants’ Actions Under Color of Federal Office and Plaintiff’s Negligence Claims

LOUISIANA — The plaintiff Callen Dempster filed suit against multiple defendants, alleging that he was exposed to asbestos and asbestos-containing products while employed by Avondale Industries, Inc. (Avondale) from 1962-1994.  The plaintiff originally filed suit in the Civil District Court for the Parish of Orleans, State of Louisiana, on March 14, 2018.  On June 21, 2018, the defendants Huntington Ingalls Incorporated, Albert Bossier, Jr., J. Melton Garret, and Lamorak Insurance Company (the Avondale Interests) removed the case to the eastern district under the Federal Officer…  

Defendants’ Joint Motion for Summary Judgment Failed Due to Unresolved Issues of Material Fact

LOUISIANA — The plaintiff Victor Michel filed suit in state court against multiple defendants, alleging that his exposure to asbestos while working as a mechanic and generator service technician caused him to contract peritoneal mesothelioma. The defendants removed the action to the Eastern District of Louisiana, and Ford and Cummins Inc. filed a joint motion for summary judgment, arguing that the plaintiff could not show that their products substantially contributed to Michel’s mesothelioma.  Plaintiff opposed the motion. The defendants argued jointly that they were entitled…  

Asbestos-Containing Cement Pipe Not a Substantial Contributing Factor to Development of Plaintiff’s Lung Cancer

LOUISIANA — The plaintiffs Thomas Handy, Jr. (Handy), his wife Sandra Handy, and son Thomas Handy, III filed suit against numerous entities, claiming that exposure to asbestos caused Thomas, Jr.’s lung cancer. By the time of trial, only one defendant remained – Ferguson Enterprises, Inc.. The plaintiffs alleged that Ferguson was the successor corporation of Louisiana Utility Supply Co. (Ferguson/LUSCO), and that Ferguson/LUSCO supplied or distributed asbestos-containing cement pipe to the plaintiff’s employer, C.J. Calamia Construction. The plaintiffs alleged that Handy was exposed to asbestos…  

Plaintiff’s Experts Satisfy Daubert, Allowed to Testify in Brake Dust Exposure Case

ARKANSAS — Ronald Thomas worked as a brake mechanic and manager at auto repair shops for approximately twelve years. In March of 2017, he was diagnosed with mesothelioma and subsequently passed away later that year. His estate brought product liability claims against multiple defendants for negligence and strict liability, alleging that exposure to asbestos in brake pads caused Thomas’s mesothelioma. The plaintiff brought forth two experts, Dr. Arnold Brody and Dr. Edwin Holstein, to support his theory.  Dr. Brody is a professor emeritus of pathology…  

Second Mistrial Declared in South Carolina Talc Case

CALIFORNIA — The plaintiff’s decedent’s second trial related to claims that Johnson & Johnson’s (J&J) talcum powder products caused her mesothelioma ended a mistrial on Thursday, November 15, 2018. The plaintiffs filed suit against fifteen companies in May of 2017, alleging that exposure to asbestos caused the thirty year old attorney to develop mesothelioma. The plaintiff’s decedent Antione Bostic passed away on October 2017; one month prior, the plaintiffs filed an amended complaint, adding talcum powder defendants, including J&J. The plaintiffs first trial ended in…  

Supreme Court Rules Frye Standard Applies to Florida Cases, Overturns District Court’s Decision Excluding Plaintiff’s Experts’ Causation Testimony

FLORIDA — The plaintiff Richard DeLisle filed a personal injury action against sixteen defendants, claiming that each caused him to be exposed to asbestos. Of the sixteen, DeLisle proceeded to trial against three: Crane, Lorillard Tobacco Co., and Hollingsworth and Vose (H&V). At trial, the plaintiff presented evidence that he was exposed to “Cranite” sheet gaskets containing chrysotile asbestos fibers and Kent cigarettes; the cigarettes were produced by Lorillard’s predecessor, and the filters were supplied by a former subsidiary of H&V. The filters contained crocidolite…  

Interlocutory Appeal Citing Federal Safety Appliance Act Denied

KANSAS — The plaintiff Nancy Little filed suit individually and as the personal representative of the estate of her father, Robert Rabe, against the defendant The Budd Company (Budd). The plaintiff alleges that her father was exposed to asbestos-containing pipe insulation that Budd placed in passenger railcars it manufactured; this exposure allegedly caused Mr. Rabe’s mesothelioma. Defendant Budd asserted several defenses, including that the Federal Safety Appliance Act (SAA) preempts plaintiff’s state law claims.  Budd twice moved the court to dismiss plaintiff’s claims based on…  

Jury Finds Tile Manufacturer Failed to Provide Adequate Warnings, But The Failure Was Not A Substantial Contributing Factor To Plaintiff’s Mesothelioma Diagnosis

NEW YORK — A Monroe County jury returned a verdict in favor of Defendant American Biltrite in a mesothelioma case Thursday, September 28, 2018. The Jury found that American Biltrite failed to exercise reasonable care by not providing an adequate warning about the hazards of exposure to asbestos with respect to the use of Amtico vinyl asbestos tile.  However, the jury subsequently found that American Biltrite’s failure to warn Jo Ann Shields was not a substantial contributing factor in causing her peritoneal mesothelioma. This is…  

Plaintiffs’ Causation Experts Stricken Under Daubert; Defendants’ Motions for Summary Judgment Granted

FLORIDA — The plaintiff’s Decedent Richard Doolin was diagnosed with mesothelioma in June of 2013 and passed away as a result on June 22, 2014. The plaintiff Stacey Doolin filed suit against multiple companies, alleging that Richard was exposed to asbestos when visiting his father’s automotive workshop as a child. The plaintiff further alleged that Richard did shadetree automotive work throughout his life that also exposed him to asbestos.  The last remaining defendants were Ford Motor Company (Ford) and Pneumo Abex LLC (Abex). Ford and…  

Insulation Installer’s Hourly Timesheets Found Legally Sufficient to Support Rational Inference of Causation in Bystander Matter

MARYLAND — The plaintiff William Busch and his wife, Kathleen, filed suit against multiple defendants, alleging that exposure to asbestos caused his mesothelioma. After a 14 day trial, the jury returned a verdict in favor of plaintiffs, finding that William’s exposure to asbestos-containing insulation products installed by Wallace & Gale Co. (W&G) during the construction of Loch Raven High School (LRHS), a location where plaintiff worked, was a substantial causative factor in the development of his mesothelioma. The plaintiff worked in the boiler room where…  

Negligence Per Se Claims Against Defendant Passenger Railcar Manufacturer Denied; Strict Liability and Negligence Claims Can Proceed Under Federal Statutes

KANSAS — The plaintiff Nancy Little brought an action individually and as the personal representative of the estate of her father, Robert Rabe, against defendant The Budd Company (Budd). The plaintiff alleged that her father was exposed to asbestos-containing pipe insulation while working as a pipefitter for the Atchison Topeka & Santa Fe Railroad (ATSF) between 1951 and the mid-to-late 1970’s; she contends this exposure caused him to develop mesothelioma.  The plaintiff’s decedent passed away on December 28, 2012. Budd allegedly manufactured passenger railcars and…  

Weight-of-the-Evidence Standard Used by Plaintiff’s Experts Found to Satisfy Daubert Requirements

OHIO — Defendant Honeywell International filed Motions in limine to Preclude the plaintiff’s Experts Dr. Murray Finkelstein and Dr. Carlos Bedrossian and dismiss the plaintiff’s claims, or, in the alternative, its request for evidentiary hearing. The plaintiffs filed oppositions. The court determined that both doctors utilized the weight-of-the-evidence standard in formulating their opinions of the case in line with the prescriptions under Daubert.  Additionally, Dr. Finkelstein’s methodology had previously been scrutinized at a Daubert hearing in another jurisdiction and was upheld as valid and…  

Appeals Court Confirms Dismissal Based on Asbestos Supplier’s Lack of Contacts With Florida

FLORIDA — The plaintiff James Waite was allegedly exposed to asbestos while living in Massachusetts. He filed suit against multiple defendants, including Union Carbide, alleging that his exposure to asbestos caused him to develop mesothelioma. Mr. Waite was diagnosed in Florida, and he and his wife filed suit in Florida state court. Union Carbide removed the case to federal district court where the court determined that it lacked personal jurisdiction over UC. The Waites appealed, arguing that the district court erred in dismissing UC for…  

Plaintiff’s Deposition Testimony Presents Sufficient Evidence to Overcome Automobile Manufacturer’s Motion for Summary Judgment

DELAWARE — Plaintiffs John and Vicki DeCastro originally filed a personal injury action against multiple defendants in the Superior Court of Delaware, asserting claims arising from Mr. DeCastro’s alleged harmful exposure to asbestos. The case was properly removed to Federal Court under the federal officer removal statute. Mr. Castro alleged that he developed lung cancer as a result of his exposure to asbestos during his service in the United States Air Force, civilian employment with Pacific Bell Telephone and United Airlines, and personal automotive and…  

Gasket Manufacturer’s Motion for Summary Judgment Denied Based on Residual Market

NEW YORK — The plaintiff’s Decedent Joseph Tolan allegedly worked with asbestos-containing gaskets, including sheet gaskets, manufactured by Goodyear Tire and Rubber Company (Goodyear) starting in 1977 at the United States Army’s Seneca, NY Depot. Goodyear filed a motion for summary judgment, stating that it ceased making asbestos-containing gaskets in 1969. Goodyear further argued that it had no sales of asbestos-containing gaskets to the Depot.  Goodyear continued to make non-asbestos gaskets after 1969, and they had similar markings and logos to the asbestos-containing versions. Goodyear…  

New Jersey Talc Manufacturer’s Motion to Dismiss New York Case With Exposure In Virginia Granted

NEW YORK — The plaintiffs sued Johnson & Johnson (J&J) and Johnson and Johnson Consumer Inc. (JJCI), alleging that Mrs. Hammock’s exposure to asbestos-containing J&J baby powder caused her to develop mesothelioma. Mrs. Hammock was a Virginia resident her entire life, and all of her alleged exposure took place in Virginia.   JJCI is the sole entity responsible for manufacturing and distributing J&J baby powder during the subject time period. JJCI is a New Jersey Corporation  with its principal place of business in New Jersey. JJCI…  

Bankruptcy Status of Louisiana Defendant Does Not Provide Grounds For Removal

LOUISIANA — The plaintiff filed suit against multiple defendants alleging that he contracted mesothelioma as a result of exposure to asbestos products at various worksites from 1960-1979. The plaintiff initially filed suit against 20 defendants in the Civil District Court for the Parish of Orleans. On July 23, 2018 Defendants Union Carbide Corporation and Bayer CropScience, Inc. filed a notice of removal, stating that the plaintiff had settled with all remaining parties and alleging that complete diversity existed. Concurrently, the plaintiffs filed a motion to…  

$650,000 Verdict Vacated Based on Lack of Evidence That Cement Manufacturer Was “Exclusive Supplier” to Boiler Company

NEW JERSEY — The plaintiff’s Decedent William Condon and Plaintiff Debbie Condon originally filed suit in 2014 against 97 defendants, alleging that Decedent’s exposure to asbestos from their products caused his mesothelioma. On June 19, 2014, a Law Division judge denied Defendant Pecora Corporation’s motion for summary judgment. Of the defendants who settled with the plaintiff, nine did so before trial. At trial, the jury apportioned liability and damages between eleven defendants, including Pecora. Six of the eleven defendants went to trial; the others were  

Admission into Evidence of Testimony and Answers to Discovery of Settled Defendants Leads to New Trial Ordered on Issue of Apportionment

NEW JERSEY — Donna Rowe (plaintiff), individually and as executrix and executrix ad prosequendum of the estate of Ronald Rowe (Rowe), appealed an April 27, 2015 judgment of $304,152.70 plus prejudgment interest. The plaintiffs originally sued 27 defendants, alleging that exposure to asbestos from their products caused Rowe’s mesothelioma. Twelve defendants were granted summary judgment, four were dismissed, and two never appeared and the claims against them were abandoned. Additionally, eight parties settled their claims before trial, leaving only Hilco, Inc., the successor-in-interest to Universal…  

$117 Million Verdict Upheld in Talc Case

NEW JERSEY — Superior Court Judge Ana C. Viscomi denied motions from Johnson & Johnson and Imerys Talc America, Inc. to set aside a $37 million verdict in compensatory damages and a combined $80 million verdict in punitive damages awarded earlier this year.  On Wednesday, May 23, 2018, the court heard arguments on Imerys Talc America, Inc.’s motions to overturn the verdict. The court instead upheld the verdict. In rendering her decision, Judge Viscomi stated that the verdicts “do not shock the judicial conscience.”…  

Defendant’s Joinder Denied; Parallel Suits Allowed in Federal and State Court

NEW YORK — On October 3, 2017, the plaintiffs filed two lawsuits in New York state court against two different groups of defendants. One lawsuit was filed against 83 defendants, not including Crane Co. (Crane), alleging that John Grimes developed mesothelioma as a result of exposure to defendants’ asbestos-containing products. At present, that matter remains pending in state court. The second action—the instant action—was filed against four other defendants, including Crane. The plaintiffs similarly alleged that Mr. Grimes developed mesothelioma as a result of exposure…  

Prior Recovery From Party Bars Wrongful Death Claim; Estate’s Claims Against New Parties Can Proceed

WASHINGTON — The plaintiff Barbara Brandes brought a personal injury action against Brand Insulations Inc. (Brand) and other entities after she was diagnosed with mesothelioma. During the pendency of the litigation, Mrs. Brandes passed away, and her action against Brand and others was converted into a survivorship action. During trial, the estate confirmed that it was not seeking to add any new claims or evidence, stating it was not pursuing any potential wrongful death claims at that time. The jury returned a verdict against some…  

Defects in Chain of Custody Lead to Affirmation of Talcum Powder Defendant’s Motion for Summary Judgment

CALIFORNIA — The plaintiffs Barbara and John Wittman asserted claims for negligence, strict liability, breach of warranty, and loss of consortium against Defendant Coty, Inc. (Coty) alleging that Barbara’s exposure to asbestos in Coty’s talcum powder resulted in her developing mesothelioma. Coty filed a motion for summary judgment, contending that Wittmans’ discovery responses and deposition testimony “demonstrated their inability to prove the claims.” Coty stated that the Wittmans could not show that Barbara was exposed to asbestos through the particular Coty product she had used,…