Talc Defendant’s Appeal of Personal Jurisdiction Denial Dismissed Superior Court of New Jersey, Appellate Division, September 11, 2019

NEW JERSEY – After a lengthy discussion of corporate successor liability and the histories of the companies at bar, a New Jersey appellate court ultimately determined that the factual record was too incomplete to resolve questions regarding jurisdiction, and dismissed an appeal of the trial court’s order denying talc defendant Cyprus Amax Minerals Company (Cyprus) personal jurisdiction motion. Ohio resident Linda Huff had sued two Delaware corporations, Imerys Talc America, Inc. and Cyprus in New Jersey state court, alleging that their talc was incorporated into…
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New Jersey Jury Renders $37.3 Million Dollar Verdict Against Johnson and Johnson in Consolidated Talc Cases Superior Court of New Jersey, County of Middlesex, September 11, 2019

NEW JERSEY – A New Jersey jury returned a verdict in the amount of $37.3 million dollars against Johnson and Johnson for combined compensatory damages brought by four mesothelioma claimants. The verdict came after three days of deliberations in a trial that lasted almost two months. The jury was tasked with determining whether Johnson and Johnson’s talc products contained asbestos and whether the plaintiffs’ exposures were a substantial contributing factor in causing their peritoneal mesothelioma. The jury also heard testimony over differing positions regarding asbestos…
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Lack of Specific Personal Jurisdiction Leads to Dismissal of Alleged Successor to Joiner Contractor U.S. District Court D. New Jersey, June 05, 2019

NEW JERSEY – The plaintiff filed suit against multiple defendants alleging her decedent developed mesothelioma from exposure to asbestos containing products used or installed by the defendants including, RBC Sonic. It was alleged that Robert Fish was exposed to asbestos panels installed by a joiner contractor while working at the New York Shipbuilding and Drydock located in New Jersey in 1960. Sonic Industries, Inc. (Sonic) moved to dismiss the complaint for lack of specific personal jurisdiction. The court stated that a plaintiff must “present a…
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Defense Verdict for Johnson & Johnson in New Jersey Talc Meso Case Superior Court of New Jersey, Middlesex County, March 27, 2019

NEW JERSEY — March 27, 2019, a New Brunswick New Jersey jury found that Johnson & Johnson Consumer Inc. (J&J) was not liable in causing the mesothelioma of 58-year-old plaintiff Ricardo Rimondi.  Rimondi alleged decades of use of J&J’s baby powder, which the plaintiff alleged contained talc that was contaminated with asbestos. J&J attorneys highlighted the fact that the plaintiff’s experts failed to acknowledge that the plaintiff grew up and lived in close proximity to an asbestos cement factory.…
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Multiple Actions Dismissed Against Brake Manufacturer Due to Forum Non Conveniens Superior Court of New Jersey, Appellate Division, March 05, 2019

NEW JERSEY — Multiple deceased plaintiffs brought actions against Honeywell alleging they contracted mesothelioma as a result of exposure to asbestos from Bendix brakes while working as mechanics in the United Kingdom. The plaintiffs filed in New Jersey despite the alleged exposure oversees. Honeywell moved for dismissal based on the doctrine of forum non conveniens after discovery was conducted. Judge Cantor granted dismissal in the majority of the cases and Judge Viscomi also granted dismissal in the remaining case. The plaintiffs appealed arguing abuse of…
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$2.38 Million Dollar Verdict Reached in Action Brought on Behalf of Chemical Compounder New Jersey Superior Court for Middlesex County, February 12, 2019

NEW JERSEY — A New Jersey State case, Thomasenia L. Fowler v. Akzo Nobel Chemicals, Inc., et al., No. MID-L-4820-11AS (N.J. Super. Ct., Middlesex Cty.), which was previously covered by ACT, has ended in a plaintiff’s verdict against a raw fiber supplier. On January 22, a Middlesex County jury returned a $2.38 Million dollar verdict in favor of the plaintiff, Thomasina Fowler, individually and as administrator of the estate of Willis Edenfield, but declined to award any punitive damages during the trial’s second phase.…
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New Jersey Supreme Court Agrees to Review Duty to Warn Ruling New Jersey Supreme Court, January 18, 2019

NEW JERSEY — In Arthur G. Whelan v. Armstrong International Inc. et al, various defendants convinced the New Jersey Supreme Court to review a ruling that manufacturers may be held liable for failure to warn about the risks of asbestos-containing components or replacement parts in their products even if they did not build or distribute the parts. The question before the Supreme Court in the matter is, “In a products liability case arising out of exposure to asbestos, does a manufacturer have a duty to…
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New Jersey Supreme Court to Review Apportioned Asbestos Verdict in Meso Case

NEW JERSEY — The New Jersey Supreme Court will review whether a recent judgment reduced by allocation amongst 9 companies should be retried. The judgment was rendered in favor of a widow, Donna Rowe, whose husband died of mesothelioma. Mr. Rowe allegedly came into contact with asbestos products while repairing and installing heating equipment. Several defendants settled and therefore did not attend trial. As a result, the trial court admitted certified discovery answers and deposition testimony as the settling defendants’ witnesses were determined to be…
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Johnson & Johnson Secures Defense Verdict in Asbestos Talc Case Superior Court of New Jersey, County of Middlesex, October 11, 2018

NEW JERSEY — Today, a central New Jersey jury determined that Johnson & Johnson (J&J) was not liable for the mesothelioma of the plaintiff Rosalind Henry, who alleged that she developed the disease in part from use of J&J’s baby powder. In closing arguments, counsel for J&J told jurors that Ms. Henry had told her doctors that she was exposed to asbestos while working for a company that serviced Naval vessels, and that Ms. Henry only used J&J’s talc product for a small number of…
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District Court Remands Case Back to New Jersey State Court After Federal Defendant is Dismissed United States District Court, District of New Jersey, August 17, 2018

NEW JERSEY — On October 30, 2015, The plaintiffs Thomas Grimes and Estelle Grimes Estelle Grimes initially filed suit in the Superior Court of New Jersey, Middlesex County against a number of defendants alleging that Mr. Grimes’s mesothelioma was caused by exposure to defendants’ asbestos or asbestos-containing products. Shortly thereafter, the case was removed to the United States District Court, District Court of New Jersey, following Defendant Crane’s Notice of Removal relating to the federal officer removal statute, 28 U.S.C. Section 1442(a)(1). Pursuant to…
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