Category: Asbestos Litigation Analysis

Johnson & Johnson currently has approximately 25,000 lawsuits pending against it related to its talc products, including talcum powder and baby powder

Reports have circulated that Johnson & Johnson is considering a strategic plan to move its liabilities from talcum litigation related to baby powder and other products into a newly created business that would later seek bankruptcy protection. Recently, lawyers for plaintiffs requested that the bankruptcy judge block the move of Johnson & Johnson. However, bankruptcy judge Laurie Selber Silverstein declined to prevent Johnson …

On March 3, 2021, the PROTECT Asbestos Victims Act, otherwise known as S.574, was introduced in the U.S. Senate by Senators Thom Tillis (R-NC), John Cornyn (R-TX), and Chuck Grassley (R-IA). This legislation attempts to reform the asbestos bankruptcy trust system by providing oversight of asbestos bankruptcy trusts, ensuring those harmed by asbestos receive fair and just compensation, and eliminating fraud and abuse within the trust system.

Since its creation in 1994, the asbestos bankruptcy trust system has received little independent oversight. This legislation hopes …

While 2020 delayed many aspects of litigation due to the COVID-19 pandemic, some jurisdictions such as New York City still managed to hold its title as one of the nation’s top judicial hellholes. As previously reported by the Asbestos Case Tracker, as of November 13, 2020, New York terminated the scheduling of any new jury trials.

However, according to American Tort Reform Foundation 2020-21 Judicial Hellholes, New York City still managed to see a dramatic increase in nuclear verdicts. These multimillion-dollar awards were …

2020 has been one of the most unprecedented years in the court system nationwide due to the coronavirus pandemic. Unsurprisingly, case and motion filing were down in 2020. As previously reported by the Asbestos Case Tracker, the number of motion filings were significantly down in the second and third quarters of 2020.

In addition, consulting firm KCIC reported that asbestos filings fell by 20 percent during the time period of January through April 2020, as compared to January through April 2019. They similarly reported …

In 2019, we saw the U.S. Supreme Court reject the bare metal defense under federal maritime law, resolving a circuit split on the issue. The Supreme Court held that “a product manufacturer has a duty to warn when (i) its product requires incorporation of a part, (ii) the manufacturer knows or has reason to know that the integrated product is likely to be dangerous for its intended uses, and (iii) the manufacturer has no reason to believe that the product’s users will realize that danger.” …

As the Asbestos Case Tracker previously reported here, former NYCAL Coordinating Judge Manuel Mendez was appointed to the Appellate Division of the Supreme Court, First Department, in July 2020. With Judge Mendez assuming his new role in the First Department, Judge Adam Silvera was announced as the new NYCAL coordinating judge.

Silvera obtained his undergraduate degree in 1994 from the City University of New York and received his juris doctor from Brooklyn Law School in 2001. Prior to becoming a judge, he worked for …

Due to court closures and stays placed in cases as a result of the COVID-19 pandemic, there was a significant downturn in the advancement of motions throughout the second and third quarters of 2020. However, the Asbestos Case Tracker has reported on recent motions in limine and causation-based motions for summary judgment involving these issues, which provides some guidance into the anticipated rulings going forward.

In mid-September 2020, the U.S. District Court for the Eastern District of Louisiana issued several decisions on motions in limine …