Category: Asbestos Litigation Analysis

On August 30, 2023, a Hawaii court ruled on 3M’s motion to compel blood sampling for the purposes of genetic testing in an asbestos matter. Hawaii First Circuit Judge James H. Ashford granted 3M’s motion in the McCabe v. 3M Co., et al matter.

Plaintiff Randolph McCabe filed suit in Hawaii’s First District in October 2022.  McCabe worked as a warehouse employee for Acuron and Associated Insulation Co. from the early-to-mid 1980s. He alleged that although he occasionally wore respirators (including 3M’s 8710 model) he …

On Thursday, KCIC posted their 2023 Mid-Year Asbestos Filings Update. This update is compiled using information collected through July 31. Here are some highlights from the update:

Asbestos-Related Lawsuits Increase After Last Year’s Decrease

The number of asbestos-related lawsuits decreased from 2021 (1,972) to 2022 (1,922). However, 2023 shows an increase in the number of filings over the same span (1,963). In addition, the number of filings in 2023 is down from the high point of the last five years in 2019 (2,191).  …

KCIC recently issued its latest industry report: Asbestos Litigation: 2022 Year in Review, which collected data through January 31 of this year, and assessed that data alongside statistics from its 2021 Year in Review.   

Several takeaways from the update, each addressed at greater length below, are as follows:  

1. As of January 31, 2023, the total asbestos filings reflected a decrease of 7 percent compared to total filings in 2021.   
2. Mesothelioma filings increased 2 percent in 2022; however, filings for other disease types, including lung

Recently, KCIC posted their 2022 Mid-Year Asbestos Filings Update. This update is compiled using information collected through July 31^st. This article illustrates some highlights from the update.

Number of Asbestos-Related Lawsuits Decrease While Mesothelioma Filings Increase

The number of asbestos-related lawsuits increased from 2020 (1,790) to 2021 (1,972). However, 2022 shows a decrease in the number of filings over the same respective time spans (1,914).

Mesothelioma and lung cancer filings continue to make up the majority of filings (86%). Notably, mesothelioma claims …

On September 19, 2022, a panel of three judges for the Third Circuit heard oral argument in In re LTL Management LLC, Case No. 22-2003.  Before the Court is Johnson & Johnson’s (J&J) use of Chapter 11 to resolve asbestos-related litigation.  The appeal to the Third Circuit follows a ruling by the U.S. Bankruptcy Court for the District of New Jersey in February 2022, in which Judge Michael Kaplan declined to dismiss the bankruptcy case on bad faith grounds.  

Last year, J&J created …

In July 2020, we reported on Iowa’s passage of legislation intended to significantly reduce or eliminate the over-naming of defendants in asbestos and silica litigation. Since then, three additional states have enacted similar legislation: West Virginia, North Dakota, and Tennessee.  

West Virginia

On March 31, 2021, the West Virginia legislature passed House Bill 2495.  The bill outlines the requirements with which a plaintiff must comply in an asbestos or silica action. Within 90 days of filing a complaint, a plaintiff with a nonmalignant condition must file a …

On Wednesday, December 29, 2021, the United States Environmental Protection Agency (EPA) published the draft scope of the “Risk Evaluation for Asbestos Part 2: Supplemental Evaluation Including Legacy Uses and Associated Disposals of Asbestos”. While more than 60 nations have comprehensive asbestos bans, the United States is undergoing a lengthy asbestos “risk evaluation”. As Part 2 of the EPA’s Asbestos Risk Evaluation becomes open for public comment, the question is whether the eventual findings of the EPA’s risk evaluation will result in stronger asbestos regulations, …