California Plaintiff Alleging Meso Due to Talc Awarded $29.5M Verdict

CALIFORNIA — On March 13,the plaintiff Teresa Leavitt was awarded a $29.5 million dollar verdict by an Oakland jury, who found that Johnson & Johnson, J&J Consumer, Inc., and J&J’s supplier Cyprus Mines Corporation were liable for the plaintiff’s mesothelioma. The plaintiff alleged that her mother had used J&J’s asbestos-contaminated talc products on her as an infant in the 1960s. Further, the plaintiff personally used the product cosmetically throughout the 1970s. The jury was unanimous in finding that J&J failed to warn the plaintiff of …

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Motion to Remand Denied Due to Evidence Presented by Defendants

CALIFORNIA — On November 7, 2018, the plaintiffs filed an amended complaint in state court alleging that decedent, Ronald Viale, was exposed to asbestos when he was employed by the U.S. Navy as a steamfitter/firefighter from 1968 to 1970, and that he developed mesothelioma as a result of said exposure. On January 3, 2019, Foster Wheeler removed the matter under the federal officer defense. The removing defendants produced declarations provided by witnesses demonstrating that the Navy issued specifications regarding the form and content of all …

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California Court Remands Grant of Relief from Default Judgment

CALIFORNIA — In 2010, Donna O’Balle filed a complaint against numerous defendants alleging personal injuries from exposure to asbestos dating back to the 1980’s. Associated Insulation of California, Inc. (Associated), one of the defendants, was served, but did not respond, having gone out of business long before. O’Balle filed a request for entry of default against Associated. Almost a year later, O’Balle sent notice of the suit to Fireman’s Fund, seeking coverage on behalf of Associated. Fireman’s Fund was unable to locate any policy it …

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Umbrella Policy’s Self-Insured Retention Does Not Apply to Excess Policies

CALIFORNIA — A coverage dispute arose from numerous claims filed, in various jurisdictions, against Deere & Company for personal injuries arising from alleged exposure to asbestos-containing brakes, clutch assemblies, and gaskets used in Deere machines. In this decision, the court addressed two issues: 1) whether Deere’s higher-layer excess policies were triggered once the first-layer excess policy limits, which were subject to a self-insured retention (SIR) paid by Deere, had been exhausted; and (2) whether the higher-layer excess insurers’ indemnity obligation extended to Deere’s defense costs …

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Defendant Pump and Compressor Manufacturer’s Removal Deemed Untimely

CALIFORNIA — The plaintiffs Michael Roy Harris and Elsie Harris sued multiple parties, including Ingersoll-Rand Company (IR), alleging that Michael developed mesothelioma due to asbestos exposure resulting from his work at two U.S. Navy shipyards and while serving in the Navy. The plaintiffs initially filed suit in the Superior Court of California, County of Alameda, on May 25, 2018. Over six months later, on December 17, 2018, IR removed the case to the Northern District of California. The plaintiffs filed the instant motion to remand.…

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Motion for Nonsuit Granted in Los Angeles Talc Trial

CALIFORNIA — Following a four-week trial, nonsuit was entered just prior to closing arguments in a talc mesothelioma trial venued in Los Angeles state court. At the conclusion of the plaintiffs’ case, Colgate-Palmolive moved for nonsuit, arguing that the plaintiffs had failed to present a prima facie case linking the use of Cashmere Bouquet talcum products to the plaintiff’s injury. The plaintiffs responded by arguing that they only had to prove that fibers from the defendant’s product contributed to the aggregate dose of asbestos to …

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Trial Preference Granted on Appeal for Kidney Cancer Plaintiff

CALIFORNIA — A three judge appellate panel in California issued a writ of mandate requiring the trial court to vacate its prior order, and to grant oetitioner/olaintiff David Ellis’ motion for trial preference. The plaintiff alleged that he suffered from asbestos-related kidney cancer and pleural disease, and filed suit against numerous defendants in 2016. After having his case set for trial and then continued on four occasions due to lack of courtrooms, the plaintiff moved for trial preference under California Code of Civil Procedure section …

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California Immune from Asbestos Exposure Civil Rights Claim by Prisoner-Employee

CALIFORNIA – The plaintiff Darryl Schilling (plaintiff), incarcerated at San Quentin State Prison, filed a civil rights action, pro se, asserting that his constitutional rights were violated under Section 1983 by the defendant California Prison Industry Authority (CALPIA) since it showed “knowing indifference” to the plaintiff’s health and safety in having him work at the San Quentin furniture factory in a position that exposed the plaintiff to asbestos; rebuffing his stated concerns; and, eventually, retaliating by firing him for his complaints.  CALPIA filed a …

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Default Judgments Set Aside After Insurer Discovers Policies

CALIFORNIA — Beginning in 2009, several asbestos plaintiffs filed claims against the Associated Insulation of California (the Associated). The Associated ceased operating in 1974 and did not respond to the plaintiffs’ complaints. Two of the plaintiffs notified the Associated’s alleged insurer, Fireman’s Fund, of the lawsuits. However, Fireman’s Fund could not locate any policies issued to the Associated and therefore declined to defend or indemnify Associated. The plaintiffs then sought and obtained default judgments in various amounts.The plaintiffs served notice of entry of default judgments …

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Set Aside of Default Judgment Against Insurer Affirmed on Grounds of Equity

CALIFORNIA — Several plaintiffs consolidated suit against multiple defendants including Associated Insulation of California (Associated) alleging exposure to asbestos for which the defendants were liable. Associated did not file a response to the complaint. Accordingly, the plaintiffs moved for default judgments in 2013 and again in 2015. The default judgments varied in amounts from $350,000 to $1,960,458. A notice of default had been served upon Associated but not its insurer, Fireman’s Fund (Fireman). Fireman shortly thereafter located policies indicating potential coverage and moved to set …

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