judge's gavel and books

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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Courtroom, Gavel And Law Books

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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Texas Appellate Court Reverses Summary Judgment in Take-Home Exposure Case

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

In this asbestos action, a Texas Appellate Court reversed and remanded the grant of a no-evidence summary judgment motion as to defendant Howmet Aerospace Inc., f/k/a Arconic, Inc., f/k/a Alcoa, Inc. (“Alcoa”).

The surviving husband and children of decedent Carolyn Burford asserted wrongful death and survival claims against the husband’s former employer, Alcoa, alleging decedent suffered injuries and death as a result of asbestosis caused by her inhalation of asbestos fibers that her husband brought home …

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$107 Million Asbestos Verdict Set Aside after Findings of Misconduct

Court: Superior Court of California, County of Los Angeles, Civil Division

In this asbestos action, a California state court set aside a $107 million verdict against defendants Union Carbide Corp., Elementis Chemicals Inc. and E.F. Brady Inc. after findings of misconduct by jurors and plaintiff’s counsel. 

Plaintiff Joel Hernandezcueva filed suit against a number of defendants in 2011, alleging he was exposed to asbestos fibers while cleaning dust during renovations during his employment at a mixed-use development, and that this exposure caused his mesothelioma diagnosis. …

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NJ Appellate Court Reverses $223.8 Million J&J Talc Verdict on Causation Grounds

Court: The Superior Court of New Jersey, Appellate Division

Johnson & Johnson has successfully appealed a $223.8 million judgment against it following a trial involving allegations of asbestos-contaminated talcum powder in 2020.

Four plaintiffs filed suit against J&J alleging that certain talcum powder products manufactured by J&J and used by plaintiffs were contaminated with asbestos and caused plaintiffs to develop mesothelioma. In February 2019, the trial court consolidated the four cases, and the consolidated trial commenced in June 2019. Over the course of the trial, …

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Asbestos Supplier’s Motion for Summary Judgment Denied on Causation Grounds

U.S. District Court for the Eastern District of Pennsylvania

The plaintiff’s decedent, Alfred Broderick, was allegedly diagnosed with asbestosis in March 2018, which he claimed was caused by exposure to asbestos. Mr. Broderick and his wife filed suit in the Philadelphia Court of Common Pleas in July 2018, and their case was removed to federal court in August 2018. Mr. Broderick passed away in January 2022, predeceased by his wife, who died in December 2021.

Prior to his passing, Mr. Broderick provided deposition testimony in …

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Talc Supplier’s Motion for Summary Judgment Denied as to Causation, Granted as to Punitive Damages

Court: Supreme Court of New York, Erie County

In this asbestos matter, plaintiffs claimed that decedent, Jeffrey Campise, was exposed to asbestos through consumer talcum powder products. Plaintiffs filed suit against a number of manufacturers of cosmetic-talc products, along with Whitaker, Clark & Daniels (WCD), as an alleged supplier of talc to the aforementioned manufacturers. WCD filed a motion for summary judgment seeking to dismiss plaintiffs’ claims in their entirety. 

As a preliminary matter, WCD argued it was speculative as to whether its talc was in …

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Engine Company’s Motion to Renew Summary Judgment on Causation Grounds Denied

Supreme Court of New York, Nassau County

Defendant Perkins Engine, Inc. moved to renew a court order denying its motion for summary judgment. A motion for leave to renew or reargue is based on new facts not offered on the prior motion that would change the prior determination, and reasonable justification for the failure to present such facts on the prior motion.

The court had denied Perkins’ motion, finding that it failed to meet its initial burden on summary judgment by including expert support. That …

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Dryer Felt Manufacturer’s Judgment Upheld on Appeal

Court: Court of Appeals of Washington, Division One

In this asbestos action, decedent Kevin Holdsworth worked at a paper mill in Camas, Washington from 1964 to 2001. He alleged exposure to asbestos from several sources during his employment, including from his role on the paper machine cleanup crew which required him to “blow down” every paper machine at the Camas mill.

Holdsworth also alleged exposure to asbestos from his role in the maintenance department at the Camas mill, where he frequently used a hammer to …

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