Category: Appeal

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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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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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Appeal / Asbestos Exposure / Mesothelioma / Mesothelioma Powder / New Trial / Shipyard
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Plaintiffs’ Motion for New Trial Reversed on Appeal

Court of Appeal of Louisiana, Fourth Circuit

In this action, the plaintiffs alleged decedent Vita Chenet had asbestos exposure from personal use of various talcum powder products, including Cashmere Bouquet, throughout her lifetime. As a result of this asbestos exposure, the plaintiffs further claimed Ms. Chenet developed malignant mesothelioma in October 2018 and passed away at the age of 83 in February 2019. A defendant filed an answer offering an alternative exposure. This defendant specifically alleged Ms. Chenet developed mesothelioma through her father’s employment as …

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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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Appeal / Causation / Choice of Law / New York
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Talc Defendant’s Motion for Summary Judgment Based on Texas Law Granted on Appeal

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

In September 2023, the trial court denied talc defendant Colgate-Palmolive Co.’s motion for summary judgment to dismiss the complaint against it. On appeal, the First Department unanimously reversed and granted Colgate’s motion.

“When a foreign resident’s exposure to a toxin occurs in foreign states, New York’s connection to the action is tenuous at best.” See Kush v. Abbot Labs., 238 AD2 172, 172 [1st Dept 1997].

Here, while plaintiff’s decedent allegedly used talcum powder …

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Appeal / Damages / New York
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Court Vacates $15m Verdict against Joint Compound Manufacturer; Upholds Evidentiary Rulings

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

In November 2023, a jury awarded plaintiff $15m for past pain and suffering and found defendant Kaiser Gypsum Company 70-percent liable. Kaiser subsequently filed post-trial motions, which were denied. The instant appeal followed.

First, on appeal Kaiser argued that the trial court should not have permitted plaintiff to admit the videotaped de bene esse deposition of plaintiff’s decedent Munir Seen into evidence because Kaiser was not a party to the action when that event occurred. …

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Appeal / New York / Summary Judgment
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First Department Affirms Denial of Pipe Manufacturer’s Motion for Summary Judgment

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

In this asbestos action, decedent Rudolf Horvath alleged that he was exposed to asbestos from Bondstrand pipes manufactured by defendant, Ameron International, at a sewage plant in midtown Manhattan. In response, Ameron filed a motion for summary judgment, arguing the sewage plant referenced by decedent must have been the North River wastewater treatment plant, which did not exist until 1985 at a time when Ameron no longer manufactured Bondstrand pipe using asbestos.

The trial court …

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Appeal / Summary Judgment / Texas
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Appellate Court Reverses Premise Defendant’s Summary Judgment Ruling

Court:  Court of Appeals of Texas, Fourteenth District, Houston

Carolyn and Frank Burford were married from November 1962 until Carolyn’s death in 2015. While married, Frank Buford worked for Alcoa at its aluminum smelter in Rockdale, Texas. As a potlining helper, Mr. Burford regularly worked with and around asbestos-containing materials.  Mrs. Burford (Carolyn, or decedent) washed his work clothing every day for a period of 25 years. In 2006, she sought medical care after developing shortness of breath. Her pulmonologist diagnosed her with asbestosis and she later died …

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Appeal / Apportionment / Judgment / Pennsylvania
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Appellate Court Affirms Finding of Liability against Talc Defendant; Vacates Apportionment of Liability

Court: Superior Court of Pennsylvania

In this asbestos action, appellant American International Industries (AII) appealed from a judgment entered in December 2022 awarding damages to appellee, Holly Fisher, executrix of the Estate of Sandra Reichart (decedent), following a jury trial.

Decedent owned a beauty salon from 1960 through 1985. During that time, decedent allegedly used the following talcum powders on clients: Clubman, Jeris, Jean Nate, and Cashmere Bouquet. Following decedent’s passing from mesothelioma in 2019, Fisher field a lawsuit claiming that the aforementioned talcum powders …

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Appeal / Causation / South Carolina
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Denial of Dryer Felt Manufacturer’s Motion for Judgment Notwithstanding the Verdict Affirmed

Court: Supreme Court of South Carolina

In this mesothelioma matter, the Supreme Court of South Carolina granted a writ of certiorari to review decisions of the South Carolina Court of Appeals affirming (1) the trial court’s denial of Scapa Waycross Inc.’s motion for judgment notwithstanding the verdict based on the insufficiency of the evidence as to causation, (2) the trial court’s order granting a new trial nisi additur, and (3) the trial court’s denial of Scapa’s motion to reallocate pretrial settlement proceeds.

The court determined …

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