New Jersey Archives - Asbestos Case Tracker

Defendant Obtains Summary Judgment Due to Inadmissible Expert Testimony

Court: Superior Court of New Jersey, Appellate Division

Decedent Joseph Murray worked for the defendant Consolidated Rail Corporation (Conrail) from 1976 to 2011 as a brakeman/conductor. His wife filed a wrongful death and survival action citing the Federal Employers’ Liability Act (FELA), 45 U.S.C. §§ 51-60, and the Locomotive Inspection Act, 49 U.S.C. §§ 20701-20703. The plaintiff alleged that decedent had been exposed to harmful amounts of asbestos and various fumes while working for Conrail and that his lung cancer, tongue cancer, and subsequent death …

December 20, 2022 Expert Challenges / New Jersey

Posted by: David E. Rutkowski

J&J Files Complaint against Plaintiffs’ Expert Dr. Jacqueline Moline

Court: United States Bankruptcy Court, District of New Jersey

On December 16, 2022, LTL Management LLC, formerly known as Johnson & Johnson Consumer Inc., filed a complaint against Dr. Jacqueline Moline (expert for the plaintiffs’ bar in asbestos litigation) in the United States Bankruptcy Court, District of New Jersey.

In this action, LTL generally seeks to recover damages for “knowing and repeated disparagement of Johnson’s Baby Powder and Shower to Shower by Dr. Jacqueline Moline.” More specifically, the complaint pleads (I) Injurious Falsehood / Product …

Dictionary definition of the word Bankruptcy.

October 7, 2022 Bankruptcy / New Jersey

Posted by: Elizabeth M. Lautenbach

Certain State Actions Preliminarily Enjoined in Johnson & Johnson Bankruptcy Case

United States Bankruptcy Court for the District of New Jersey, October 4, 2022

The Asbestos Case Tracker has followed every step in Johnson & Johnson’s bankruptcy case. Recently, Plaintiff LTL Management (“Debtor”) moved to enjoin certain “State Actions” by New Mexico and Mississippi on a preliminary basis, as well as sought a temporary restraining order pending a final hearing. These State Actions include a complaint filed by the State of New Mexico against several defendants including J&J which the court refers to as the …

July 1, 2022 Appeal / New Jersey

Posted by: Elizabeth M. Lautenbach

New Jersey Supreme Court Reverses Appellate Division and Reinstates Plaintiff’s Verdict

New Jersey Supreme Court, June 30, 2022

In this asbestos action, decedent Willis Edenfield (“Edenfield”) commenced a failure to warn product liability action against defendant Union Carbide. The Appellate Division vacated the jury’s verdict for Plaintiff and remanded for a new trial. However, the New Jersey Supreme Court reversed the Appellate Division’s decision. The Supreme Court found that there were two important contentions at issue.

The Supreme Court explained that this matter is “governed by our common law jurisprudence on product liability.” As per Whelan…

March 25, 2022 Appeal / Discovery / New Jersey

Posted by: Elizabeth M. Lautenbach

Final Judgment and Imposition of Sanctions Affirmed Against Automotive Defendant

Superior Court of New Jersey, Appellate Division, March 24, 2022

In this asbestos action, Deborah Marino (the plaintiff) alleged that her mother, Anita Creutzberger (the decedent), developed peritoneal mesothelioma from the decedent’s history of washing her husband’s and son’s clothing following their automotive work. The plaintiff sued Ford Motor Company, among other defendants. During discovery in an unrelated case, Matthew Fyie, Ford’s employee designated to search for responsive discovery, testified that he did not review documents prior to his deposition as there were no documents …

Close up of Male lawyer or judge hand's striking the gavel on sounding block, working with Law books, report the case on table in modern office, Law and justice concept

July 19, 2021 New Jersey

Posted by: Catherine L. Schwarze

Court Allows Parties to Conduct Jurisdictional Discovery Following Product Defendant’s Motion to Dismiss

U.S. District Court for the District of New Jersey, July 15, 2021

Plaintiff Paul Klick III was diagnosed with mesothelioma which he attributes to his exposure to asbestos while serving in the Air Force. The plaintiff contends he was exposed to asbestos through his work involving Abex products while he was stationed in Maine.

Following the plaintiff’s filing of this lawsuit in New Jersey, the matter was removed to federal court on the basis of federal officer jurisdiction. Defendant Abex filed a motion to dismiss …

June 30, 2021 New Jersey / Personal Jurisdiction

Posted by: Jessica Saad

Aircraft Manufacturer Granted Motion to Dismiss Due to Lack of Specific Personal Jurisdiction

U.S. District Court for the District of New Jersey, June 28, 2021

Paul Klick III (the plaintiff) was diagnosed with mesothelioma on or about July 17, 2020, after allegedly being exposed to asbestos while serving in the United States Air Force between 1967 and 1971. Among other things, the plaintiff alleged that he breathed the airborne dust created from mechanics under his direct supervision maintaining, removing and installing asbestos-containing friction and insulation products on Boeing aircrafts, B-52G and KC-135A. The plaintiff’s work involving Boeing products …

June 4, 2020 Appeal / New Jersey

Posted by: Jillian E. Madison

New Jersey Supreme Court Affirms Manufacturer Liability for Third-Party Asbestos-Containing Component Parts

This case was initially filed in Middlesex County, NJ by the plaintiff in 2014. The plaintiff, Arthur Whelan, alleged he contracted mesothelioma from working on products manufactured by defendants, including original asbestos-containing components and asbestos-containing replacement components manufactured by other entities. At the summary judgment stage, the defendants argued the plaintiff could not establish that his exposure to asbestos was the result of any product they manufactured or distributed. Further, they denied any liability for the plaintiff’s exposure to asbestos-containing replacement parts that they did …

February 7, 2020 Damages / New Jersey

Posted by: Asbestos Case Tracker

Plaintiffs Awarded $750 Million Punitive Damages in Talc Trial

NEW JERSEY – In a case previously covered by the Asbestos Case Tracker, the plaintiffs were awarded $750 million during the punitive damages portion of the trial. The jury had already awarded $37.2 million in compensatory damages, and per New Jersey law, the punitive damages were reduced to $186 million, five times the compensatory award. As further details emerge, we will update this post.…

November 1, 2019 New Jersey

Posted by: Jessica Saad

New Jersey Supreme Court Reverses the Appellate Division’s Prior Ruling in Rowe Creating a Positive Light for Asbestos Defendants

On September 11, 2019, the New Jersey Supreme Court returned a defense friendly decision in Donna Rowe v. Bell & Gossett Co. et al. The supreme court overruled the Appellate Division of New Jersey in a decision, which would have negatively affected trial defendants’ ability to allocate fault to settled defendants.

The decedent, Ronald Rowe who suffered from mesothelioma, sued 27 defendants who allegedly caused his illness. The defendants varied from manufacturers of friction products, boilers, pumps, valves, and other companies. On the eve …