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Connecticut Court Determines it Lacks Personal Jurisdiction Over Talcum Powder Defendant

Court:  Superior Court of Connecticut, Judicial District of Bridgeport at Bridgeport

Connecticut resident Elaine Adelia Hickey (decedent) contracted mesothelioma alleging exposure to asbestos and asbestos-containing talcum products throughout her life. Decedent alleged she personally used talcum products on herself and her children from the 1950s to the 1970s and was also exposed to asbestos from her father’s work as an automobile mechanic from the 1970s to the 2000s. Decedent’s surviving spouse, Jacob Russell Herman Sr. (plaintiff), as executor of Decedent’s estate, brought suit against a number …

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Cosmetic Talc Manufacturer Denied Motion for Summary Judgment Regarding Punitive Damages

Jurisdiction: Supreme Court of New York, New York County; October 5, 2023

Plaintiff filed a lawsuit alleging her asbestos-related disease was caused by her use of talcum powder products manufactured by, among others, Chanel. In the motion, Chanel moved to dismiss plaintiff’s punitive damages claim on the basis that Chanel did not exhibit the “level of malice and near criminal reckless disregard” necessary to justify such damages. Plaintiff opposed the motion, arguing that Chanel was aware of the presence of asbestos in its talc and the negative impacts …

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Defendants Unsuccessful On Motions to Preclude Experts and Summary Judgment

United States District Court for the Eastern District of Louisiana

In ACT’s continuing coverage of the Robichaux matter, Felton Robichaux filed suit in Civil District Court for the Parish of Orleans against a number of defendants alleging he was exposed to asbestos from products he worked with as an insulator and carpenter at Avondale Shipyard from 1961 to 1979.

In addition to his own employment at Avondale Shipyard, plaintiffs allege Robichaux was also secondarily exposed through contact with his brother, Junior Robichaux, who worked at …

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Talc Manufacturer’s Removal Motion Denied Joinder; Case Remanded to State Court

Jurisdiction: United States District Court for the Southern District of New York; September 18, 2023

Plaintiff Ann Greenberg’s asbestos-related lawsuit against defendants Johnson & Johnson and Kolmar Laboratories asserts that she contracted an asbestos-related disease from her use of Johnson’s Baby Powder, whichshe alleged contained asbestos-contaminated talc.

Johnson & Johnson filed a motion to remove the action to federal court on August 27, 2021, invoking diversity jurisdiction pursuant to 28 U.S.C. § 1332(a). Plaintiff opposed, and Johnson & Johnson filed a timely reply alleging the …

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Defendant Denied Summary Judgment on Punitive Damages for Failure to Provide Case-Specific Support

Jurisdiction: Supreme Court of New York, New York County

Plaintiff Kevin Burns filed an asbestos-related lawsuit against numerous defendants, including Burnham, testifying that while he worked as a plumber he was exposed to asbestos insulation and rope from the removal and installation of Burnham boilers from approximately 1958 to the early 1980s.

Burnham moved for summary judgment on plaintiff’s punitive-damages claim, arguing that plaintiff failed to establish Burnham’s conduct rose to the level of egregious and morally culpable conduct necessary for an award of punitive damages. …

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ALCOA Denied Summary Judgment Where Question of Fact Exists

Jurisdiction: Supreme Court of New York, New York County

This action was filed on behalf of decedent, Kenneth Last, alleging he was exposed to asbestos while working for general contractor, ALCOA Inc., n/k/a ARCONIC Inc., at the World Trade Center during the 1970s. ALCOA filed a motion for summary judgment arguing the fire-proofing material used at the World Trade Center during decedent’s employment was non-asbestos containing.

The court notes that summary judgment is a drastic remedy and should only be granted if the moving party …

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Defendant Shipyard Unsuccessful on Summary Judgment under 5th Circuit Precedent

U.S. District Court for the Eastern District of Louisiana

Plaintiff Felton Robichaux brought this asbestos-related lawsuit claiming he was exposed to asbestos through his work as a land-based insulator and carpenter at Avondale Shipyard from 1961 to 1979. In January 2022, Robichaux was diagnosed with mesothelioma and filed the instant action in Civil District Court for the Parish of Orleans. Robichaux brought state law tort claims against Avondale. Because Robichaux was primarily exposed to asbestos while working on United States Navy ships at Avondale Shipyard, …

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Judge Finds Question of Fact Regarding Boiler Manufacturer’s Warnings; Denies Motion for Summary Judgment as to Punitive Damages

Jurisdiction: Supreme Court of New York, New York County

In this asbestos-related lawsuit, the plaintiff alleged he was exposed to asbestos while working with, and around, boilers manufactured by defendant, Burnham, from 1961 to 1999.

Burnham filed a motion for partial summary judgment as to punitive damages, arguing the plaintiff failed to establish that Burnham’s conduct rose to the level of egregious and morally culpable conduct necessary for an award of punitive damages. According to Burnham, any exposure to asbestos by plaintiff through Burnham boilers were below …

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Plaintiff’s Motion to Remand Denied; Court Finds Defendants’ Removal Timely

Court: United States District Court for the Southern District of Alabama, Southern Division

This action was filed in the Circuit Court of Mobile County, Alabama, on June 23, 2022. The complaint named numerous defendants, including Paramount Global (“Westinghouse”) and General Electric Company. Plaintiff Gloria Craig suffers from mesothelioma allegedly as a result of her take-home exposure to asbestos via her ex-husband. Specifically, plaintiff alleged Mr. Craig brought home asbestos on his clothes while he was working at Alabama Dry Dock and Shipbuilding Co. (“ADDSCO”) in …

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Court Finds No Fraudulent Joinder, Plaintiff Successful on Motion to Remand

Court: United States District Court for the Northern District of Ohio; April 28, 2023

This asbestos-related action was brought by plaintiff Carolyn Keiser on behalf of herself and as the executor of her husband, decedent David Keiser’s estate. The decedent was diagnosed with mesothelioma, which the plaintiff alleges was caused by his occupational exposure to asbestos from defendants Donald McKay Smith, Inc. (“DMS”), Red Seal Electric Company and Vanderbilt Minerals LLC.

Plaintiff originally brought this action in state court. Defendant Vanderbilt removed it to federal …

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