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Court Awards $7.5 Million in Punitive Damages to Connecticut Plaintiff

Jurisdiction: Superior Court of Connecticut, Judicial District of Bridgeport at Bridgeport

Decedent Nicolas Barone was diagnosed with mesothelioma in May 2022. His surviving spouse, Kathryn Barone (plaintiff)brought suit in September 2023, following her husband’s death in June of that year. Plaintiff’s third amended complaint alleged the cause of plaintiff’s mesothelioma was asbestos exposure from talc supplied by defendant International Talc Company and its successor, Vanderbilt Minerals LLC. After a four-week trial, the jury reached a unanimous verdict and found Vanderbilt liable for a total of $15 million in …

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Boiler Manufacturer’s Motion for Partial Summary Judgment on Punitive Damages Claims Denied

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

In this asbestos action, defendant Burnham LLC moved for partial summary judgment to dismiss plaintiffs’ punitive damages claim. Specifically, Burnham argued that asbestos exposure from its boilers would fall below TLV or PEL/OSHA limits, and that it never received workers’ compensation claims for asbestos-related disease.

Ultimately, the court determined that plaintiff proffered evidence that demonstrated Burnham failed to warn plaintiff about the hazards of asbestos. Per the court, a reasonable juror could find that Burnham’s …

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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 …

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Boiler Manufacturer’s Motion for Partial Summary Judgment re: Punitive Damages Denied

Supreme Court of New York, New York County

In this asbestos action, defendant Burnham, LLC moved for partial summary judgment to dismiss the plaintiff’s punitive damages claim on the basis that any alleged asbestos exposure from Burnham boilers would fall below TLV or PEL/OSHA limits, and that Burnham did not have workers’ compensation claims for asbestos-related disease.

The court, however, determined that “Burnham has plainly not met their burden at summary judgment.” According to the court, TLV/OSHA standards have “little bearing on plaintiff’s unequivocal and …

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The law concept background.

Talc Defendants’ Motion to Dismiss Punitive Damages Claim Granted; Motion to Dismiss Civil Conspiracy Claim Denied

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

In this asbestos action, plaintiff Michael Simoneaux initially filed suit against his former employers for alleged asbestos exposure. He later amended his complaint to include Mennen and Johnson & Johnson (hereinafter, “Talc Defendants”), asserting that from the 1960s until 2000 he consistently used Mennen Baby Magic and Johnson & Johnson Baby Powder, and that these products contained asbestos. In response, the Talc Defendants moved to partially dismiss the complaint as to the punitive damages claim, asserting …

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Business and lawyers discussing contract papers with brass scale on desk

Punitive Damages Now Allowed in Illinois Wrongful Death Cases

KEY TAKEAWAYS:

  • Illinois Gov. J.B. Pritzker has signed into law HB 219 to allow punitive damages to be recoverable in wrongful death and survival actions.
  • Punitive damages are now recoverable in wrongful death claims on cases filed on or after August 11, 2023, and punitive damages may be sought on existing cases on the effective date.
  • This legislation will drastically affect wrongful death cases statewide, as it adds a new avenue of recovery.

Illinois was one of 16 states that did not allow for the …

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The law concept background.

Water Heater Defendant Obtained Partial Summary Judgment

Superior Court of California, County of Los Angeles

In this asbestos action, defendant Rheem Manufacturing Company filed a motion for summary judgment, and alternatively summary adjudication, arguing that the plaintiffs do not have evidence that the relevant plaintiff was exposed to asbestos from Rheem products.

To show that a plaintiff cannot establish an element of a cause of action, a defendant must make the initial showing that the plaintiff does not possess, and cannot reasonably obtain, needed evidence. A plaintiff’s deposition testimony that he has …

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Supplier Defendant Succeeds in Opposing Punitive Damages

Superior Court of California, County of Los Angeles

In this asbestos action, the court considered various defense motions.

Defendant Western Auto Supply company filed a request opposing punitive damages, arguing that the plaintiffs cannot prove that it acted with oppression, malice or fraud. Summary judgment or summary adjudication on the issue of punitive damages is proper only when no reasonable jury could find the plaintiff’s evidence to be clear and convincing proof of malice, fraud or oppression.

For a corporate defendant, the oppression, fraud or …

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Talc Supplier’s Motion for Summary Judgment Denied as to Causation, Granted as to Punitive Damages

Court: Supreme Court of New York, Erie County

In this asbestos matter, plaintiffs claimed that decedent, Jeffrey Campise, was exposed to asbestos through consumer talcum powder products. Plaintiffs filed suit against a number of manufacturers of cosmetic-talc products, along with Whitaker, Clark & Daniels (WCD), as an alleged supplier of talc to the aforementioned manufacturers. WCD filed a motion for summary judgment seeking to dismiss plaintiffs’ claims in their entirety. 

As a preliminary matter, WCD argued it was speculative as to whether its talc was in …

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Boiler Manufacturer Partial Motions for Summary Judgment on Punitive Damages Denied

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

In these asbestos actions, defendant Burnham LLC moved for partial summary judgment seeking the dismissal of the plaintiffs’ punitive damage claims, arguing the plaintiffs failed to establish that Burnham’s conduct rose to the level of egregious and morally culpable conduct necessary for the award of punitive damages.  

In the first matter, plaintiff Frank Passanisi worked as a painter from 1966 to 1986. He alleged exposure to asbestos from Burnham boilers from performing work on …

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