New Trial Archives - Asbestos Case Tracker

Plaintiffs’ Motion for New Trial Reversed on Appeal

Court of Appeal of Louisiana, Fourth Circuit

In this action, the plaintiffs alleged decedent Vita Chenet had asbestos exposure from personal use of various talcum powder products, including Cashmere Bouquet, throughout her lifetime. As a result of this asbestos exposure, the plaintiffs further claimed Ms. Chenet developed malignant mesothelioma in October 2018 and passed away at the age of 83 in February 2019. A defendant filed an answer offering an alternative exposure. This defendant specifically alleged Ms. Chenet developed mesothelioma through her father’s employment as …

February 28, 2024 Appeal / Judgment Notwithstanding the Verdict / New Trial / Remittitur

Posted by: Kerry L. Jones

First Department Affirms Jury Verdict against Valve Manufacturer

Court: Supreme Court of New York, Appellate Division, First Department

In this asbestos action, defendant Jenkins Bros. sought a judgment notwithstanding the verdict, a new trial, or remittitur of a verdict awarding plaintiff $13 million for past pain and suffering and $10 million for future pain and suffering. The trial court declined to vacate the jury’s findings that valve-related gaskets and insulation manufactured by Jenkins Bros. caused plaintiff’s mesothelioma. Jenkins Bros. appealed to the First Department.

The First Department ultimately determined that plaintiff met his …