Category: New Jersey

New Jersey / Other Asbestos News / Verdict
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Johnson & Johnson Secures Defense Verdict in Asbestos Talc Case

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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mesothelioma
New Jersey / Remand/Removal
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District Court Remands Case Back to New Jersey State Court After Federal Defendant is Dismissed

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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New Jersey / Pleadings Challenge
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Transfer Granted Where Severance of John Doe Defendants Aids Judicial Economy

DELAWARE — The United States District Court issued a Show Cause Order requiring the parties to show why this matter should not be transferred to the District of Delaware. The plaintiff opposed the transfer arguing that two of the defendants also known as “John Doe” defendants may not be subject to personal jurisdiction in Delaware.  The defendants countered and argued that the plaintiff’s claims against those two defendants, RBC Sonic and Aetna Steel Products Corporation, could easily be severed. The court agreed that claims against …

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Bare Metal/Component Parts / New Jersey
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New Jersey Appellate Court Undermines Bare Metal Defense

NEW JERSEY — The plaintiff, Arthur Whelan, worked as a plumber and auto mechanic and later developed mesothelioma.  He filed suit against numerous manufacturers of boilers, valves, steam traps and brake drums.  While the plaintiff did install original products, the bulk of his testimony concerned replacement components used with the products.  Many defendants filed motions for summary judgment, arguing that plaintiff had failed to demonstrate evidence of exposure to a product they sold, manufactured or supplied.  The trial court found the defendants were not liable …

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Federal Officer Removal / New Jersey
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Shipyard Defendants Establish a Colorable Federal Defense in Mesothelioma Case; Remand Denied

NEW JERSEY — The plaintiff filed suit on behalf of her decedent Robert Fish alleging he developed mesothelioma as a result of exposure to asbestos products of the defendants. Specifically, the plaintiff believed Mr. Fish was exposed to joiner panels while working onboard the USS Savannah for New York Shipbuilding and Drydock Company. The dfendants removed the matter to federal court asserting the federal officer removal statute. The plaintiff moved to remand.

The court began its review by noting the standard for federal officer removal. …

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Case Decisions / New Jersey / Summary Judgment
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$650,000 Verdict Vacated Based on Lack of Evidence That Cement Manufacturer Was “Exclusive Supplier” to Boiler Company

NEW JERSEY — The plaintiff’s Decedent William Condon and Plaintiff Debbie Condon originally filed suit in 2014 against 97 defendants, alleging that Decedent’s exposure to asbestos from their products caused his mesothelioma. On June 19, 2014, a Law Division judge denied Defendant Pecora Corporation’s motion for summary judgment. Of the defendants who settled with the plaintiff, nine did so before trial. At trial, the jury apportioned liability and damages between eleven defendants, including Pecora. Six of the eleven defendants went to trial; the others were …

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Case Decisions / Damages / New Jersey / Other Asbestos News
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Admission into Evidence of Testimony and Answers to Discovery of Settled Defendants Leads to New Trial Ordered on Issue of Apportionment

NEW JERSEY — Donna Rowe (plaintiff), individually and as executrix and executrix ad prosequendum of the estate of Ronald Rowe (Rowe), appealed an April 27, 2015 judgment of $304,152.70 plus prejudgment interest. The plaintiffs originally sued 27 defendants, alleging that exposure to asbestos from their products caused Rowe’s mesothelioma. Twelve defendants were granted summary judgment, four were dismissed, and two never appeared and the claims against them were abandoned. Additionally, eight parties settled their claims before trial, leaving only Hilco, Inc., the successor-in-interest to Universal …

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Case Decisions / Damages / New Jersey
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$117 Million Verdict Upheld in Talc Case

NEW JERSEY — Superior Court Judge Ana C. Viscomi denied motions from Johnson & Johnson and Imerys Talc America, Inc. to set aside a $37 million verdict in compensatory damages and a combined $80 million verdict in punitive damages awarded earlier this year.  On Wednesday, May 23, 2018, the court heard arguments on Imerys Talc America, Inc.’s motions to overturn the verdict. The court instead upheld the verdict. In rendering her decision, Judge Viscomi stated that the verdicts “do not shock the judicial conscience.”…

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Insurance Coverage / New Jersey
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Unavailability Exception in Asbestos Coverage Dispute Affirmed by New Jersey Supreme Court

NEW JERSEY — The decision involved questions about the insurance coverage available to defendant Honeywell International, Inc. (Honeywell), a New Jersey based corporation, for thousands of bodily-injury claims premised on exposure to brake and clutch pads (friction products) containing asbestos.  The court first considered whether the law of New Jersey or Michigan (the headquarters location of Honeywell’s predecessor when the disputed excess insurance policies were issued) should control in the allocation of insurance liability among insurers for nationwide products-liability claims. Second, the court addressed whether …

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New Jersey / Other Asbestos News / Verdict Reduction
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Court Hears Motions to Overturn Verdict in $117 Million New Jersey Talc Case

NEW JERSEY — In April of this year, a New Jersey jury awarded $37 million in compensatory damages and $80 million in punitive damages to plaintiff Stephen Lanzo, who alleged that he developed mesothelioma from years of use of defendants’ talcum powder, which the plaintiff claimed was contaminated with asbestos. On Wednesday, May 23, 2018, the court heard arguments on Imerys Talc America, Inc.’s motions to overturn the verdict. In asking the court to overturn the verdict, Imerys argued the plaintiff had presented no competent …

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