Causation Archives - Asbestos Case Tracker

Rhode Island Court Denies and Grants, in Part, Joint Defense Motion to Exclude Plaintiff’s Experts

Court: Superior Court of Rhode Island, Providence

In this asbestos action, plaintiffs claim decedent, Bonnie J. Bonito, developed mesothelioma from exposure to asbestos from laundering her late ex-husband’s work clothing (her ex-husband worked in construction during their marriage). In support of their position, plaintiffs provided expert reports authored by Dr. Richard Kradin, who provided an opinion on the specific causation of Ms. Bonito’s disease; and Dr. Michael Ellenbecker, who opined that the defendants’ products increased Ms. Bonito’s risk of developing mesothelioma, and that defendants should …

October 9, 2024 Causation / Summary Judgment

Posted by: Kerry L. Jones

Caulking Manufacturer’s Motion for Summary Judgment on Causation Grounds Denied

Court: Supreme Court of New York, New York County (NYCAL)

In this asbestos matter, decedent, Anna M. Buczynski, alleged exposure to asbestos from laundering the clothing of her former husband, Anthony Buczynski. From 1976 to 2000, Mr. Buczynski used caulking and glazing products manufactured by DAP Inc. in various homes he shared with Ms. Buczynski, as well as for servicing customers of his hardware business. Mr. Buczynski testified that asbestos dust from the caulking and glazing products would cover his clothing, and that Ms. Buczynski …

October 9, 2024 Causation / Experts / Subpoenas / Talc

Posted by: Kerry L. Jones

Plaintiff’s Causation Expert Must Identify Subjects of Talc Causation Studies

Court: Supreme Court of the State of New York, Appellate Division, First Judicial Department

The Supreme Court of the State of New York, Appellate Division, First Judicial Department recently determined that a causation expert widely used by plaintiffs in talc litigation, Dr. Jacquline Moline, must identify the subjects of her talc causation studies.

Johnson & Johnson (J&J ) sought out-of-state subpoenas in the Supreme Court of New York, New York County (NYCAL), in connection with ongoing litigation in New Jersey. The subpoenas specifically requested that …

September 4, 2024 Causation / Expert Testimony / Motion to Dismiss

Posted by: Kerry L. Jones

Pump Manufacturers’ Motion to Exclude Expert Causation Testimony Granted In-Part

Court: United States District Court for the Middle District of Florida, Tampa Division

In this asbestos action, defendants Atwood & Morrill Co. Inc. and Warren Pumps LLC filed a Daubert motion to exclude, or limit, certain causation testimony and opinions of plaintiff’s expert, David Zhang, MD.

Plaintiff Arnold Edmonds served aboard the USS Saratoga from 1962-1964. While on the ship, he was allegedly exposed to asbestos, which allegedly caused him to develop non-small cell lung carcinoma. Plaintiff filed suit against more than 20 companies and …

August 28, 2024 Causation / Motion to Dismiss / New York / Summary Judgment

Posted by: Kerry L. Jones

Putty Manufacturer and Talc Disturber’s Motion to Dismiss on Causation Grounds Denied

Court: Supreme Court of New York, New York County (NYCAL)

In this asbestos action, plaintiff Jennifer Peganis alleged take-home exposure to asbestos from laundering her husband’s work clothing. Defendant Donald Durham Company moved to dismiss the action on the basis that plaintiff failed to establish causation. Defendant Vanderbilt Minerals LLC jointed Durham’s motion to dismiss, arguing that Vanderbilt’s only connection to the action is due to its talc being a component ingredient in Durham’s water putty.

The moving defendants relied upon three experts: (1) Brittani …

July 17, 2024 Causation / Maritime/Admiralty Law / Punitive Damages / Sovereign Immunity / Summary Judgment

Posted by: Kerry L. Jones

Summary Judgment Denied as to U.S. Navy Ship Product Suppliers; Court Determines Florida Law Applies

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

Plaintiff Leona Rhoades, on behalf of the estate of her husband, Dewey T. Rhoades, commenced this action against a variety of defendants, alleging that their products contained asbestos that contributed to her husband’s lung cancer and eventual passing. Mr. Rhoades had been employed as a mechanical repair worker on various jobsites, including on U.S. Navy Ships in Florida. The three remaining defendants, General Electric Company (GE), Raytheon Technologies Corporation (RTC), and Northrop Grumman Corporation (NGC) each …

May 22, 2024 Appeal / Causation / Choice of Law / New York

Posted by: Kerry L. Jones

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 …

February 29, 2024 Appeal / Causation / South Carolina

Posted by: Asbestos Case Tracker

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 …

February 28, 2024 Appeal / Causation / Texas

Posted by: Kerry L. Jones

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 …

December 15, 2023 Causation / Judgment Notwithstanding the Verdict

Posted by: Kerry L. Jones

$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. …