Author: Kerry L. Jones

Closeup of a sculpture with balance
Appeal / Causation / Motion for Summary Judgment / Talc
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Court Reverses Denial of J&J’s Motion for Summary Judgment on Causation Grounds

Court: Supreme Court of New York, Appellate Division, First Department

The Supreme Court of New York, Appellate Division, First Department earlier this week unanimously granted defendants Johnson & Johnson and LTL Management LLC’s — (J&J collectively) — appeal of its causation motion for summary judgment and dismissed the complaint against J&J in a reversal of the Supreme Court, New York County (NYCAL) April 2024 decision.

The First Department held that J&J made a prima facia showing of entitlement to summary judgment by submitting epidemiological studies …

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Courtroom, Gavel And Law Books
Appeal / Judgment Notwithstanding the Verdict / Verdict
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Jury Verdict Reversed and Remanded on Appeal in California

Court: Court of Appeal of California, First Appellate District, Division Two  

Plaintiff Steven Watts filed a lawsuit in the Superior Court of Alameda County, California naming 36 defendants who were alleged to have manufactured or supplied asbestos-containing products, to which plaintiff claimed to have been exposed to during his time operating an automotive repair shop between 1983 and 2005, and to which he alleged caused his mesothelioma diagnosis.

By the time the matter went to trial, only one defendant remained – Pneumo Abex LLC (Abex), …

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Verdict
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Jury Awards Verdict against Automotive Manufacturer; No Punitive Damages Found

Court: Supreme Court of the State of New York, County of New York (NYCAL)

A jury earlier this month awarded a plaintiff’s verdict in the Supreme Court of the State of New York, County of New York (NYCAL).

Plaintiff Michael Wagner alleged he was exposed to asbestos from asbestos-containing products made, sold, and/or distributed by various entities over the course of his life. At the time of trial, only one defendant remained – North American Honda Motor Co. Inc.’s (Nissan).

After a weeks-long trial, a …

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Talc / Verdict
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Connecticut Jury Returns $15M Verdict against J&J in Talc Trial

Court: Fairfield County, Connecticut Superior Court

A Connecticut jury on Tuesday awarded a $15 million dollar plaintiff’s verdict against Johnson & Johnson and several subsidiaries. 

Plaintiff, Evan Plotkin, filed a lawsuit alleging he developed mesothelioma from his use of various brands of cosmetic talcum powders and talcum powder-based art supplies over the course of his life. At the time of trial, J&J and its subsidiaries, which were sued for their baby powder product, were the only remaining defendants

After a weeks-long trial, the jury on …

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Causation / Expert Opinion / Warnings
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Rhode Island Court Denies and Grants, in Part, Joint Defense Motion to Exclude Plaintiff’s Experts

Court: Superior Court of Rhode Island, Providence

In this asbestos action, plaintiffs claim decedent, Bonnie J. Bonito, developed mesothelioma from exposure to asbestos from laundering her late ex-husband’s work clothing (her ex-husband worked in construction during their marriage). In support of their position, plaintiffs provided expert reports authored by Dr. Richard Kradin, who provided an opinion on the specific causation of Ms. Bonito’s disease; and Dr. Michael Ellenbecker, who opined that the defendants’ products increased Ms. Bonito’s risk of developing mesothelioma, and that defendants should …

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Punitive Damages / Summary Judgment
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Boiler Manufacturer’s Motion for Partial Summary Judgment on Punitive Damages Claims Denied

Court: Supreme Court of New York, New York County (NYCAL)

In this asbestos action, defendant Burnham LLC moved for partial summary judgment to dismiss plaintiffs’ punitive damages claim. Specifically, Burnham argued that asbestos exposure from its boilers would fall below TLV or PEL/OSHA limits, and that it never received workers’ compensation claims for asbestos-related disease.

Ultimately, the court determined that plaintiff proffered evidence that demonstrated Burnham failed to warn plaintiff about the hazards of asbestos. Per the court, a reasonable juror could find that Burnham’s …

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Courtroom, Gavel And Law Books
Causation / Summary Judgment
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Caulking Manufacturer’s Motion for Summary Judgment on Causation Grounds Denied

Court: Supreme Court of New York, New York County (NYCAL)

In this asbestos matter, decedent, Anna M. Buczynski, alleged exposure to asbestos from laundering the clothing of her former husband, Anthony Buczynski. From 1976 to 2000, Mr. Buczynski used caulking and glazing products manufactured by DAP Inc. in various homes he shared with Ms. Buczynski, as well as for servicing customers of his hardware business. Mr. Buczynski testified that asbestos dust from the caulking and glazing products would cover his clothing, and that Ms. Buczynski …

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Causation / Experts / Subpoenas / Talc
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Plaintiff’s Causation Expert Must Identify Subjects of Talc Causation Studies

Court: Supreme Court of the State of New York, Appellate Division, First Judicial Department

The Supreme Court of the State of New York, Appellate Division, First Judicial Department recently determined that a causation expert widely used by plaintiffs in talc litigation, Dr. Jacquline Moline, must identify the subjects of her talc causation studies.

Johnson & Johnson (J&J ) sought out-of-state subpoenas in the Supreme Court of New York, New York County (NYCAL), in connection with ongoing litigation in New Jersey. The subpoenas specifically requested that …

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The law concept background.
Appeal / Corporate Veil / Damages / Judgment Notwithstanding the Verdict
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$2.3M Verdict as to Equipment Manufacturer Upheld on Appeal

Court: Superior Court of Pennsylvania

Decedent Thomas Constantine was diagnosed with mesothelioma in December 2016. Mr. Constantine’s estate alleged that his mesothelioma was caused by exposure to asbestos during his employment as a draftsman and designer at Lenox Instrument Company between 1974 and 1981. During that time frame Lenox manufactured heat shields for Lightsource products, which involved the cutting, drilling, and milling of heat shields that purportedly generated asbestos-laden dust.

In February 2022, a bench trial was held before the Court of Common Pleas of …

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Judge chamber with gavel
Talc / Verdict
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$260M Talc Verdict Overturned by Oregon Judge

Court: Fourth Judicial District Court for Multnomah County, Oregon (Portland)

On September 13, 2024, Oregon state court judge Katharine Von Ter Stegge granted defendant Johnson & Johnson’s motion to overturn a $260 million verdict and to hold a new trial. By way of background, in June 2024 a jury awarded plaintiff Kyung Lee $200 million in compensatory damages and $60 million in punitive damages (covered in Goldberg Segalla’s Asbestos Case Tracker here: Oregon Jury Renders $260M Verdict for Plaintiff in Talc Trial – Asbestos Case …

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