Johnson & Johnson’s Motion to Stay Denied U.S. District Court for the Middle District of Florida, June 7, 2019

FLORIDA – The plaintiff, Patricia Matthey, filed suit against Johnson & Johnson (J&J), Imerys Talc and Publix Super Markets in Florida State Court, alleging that asbestos in J&J baby powder caused her to develop ovarian cancer. Imerys was dismissed due to a lack of personal jurisdiction and subsequently declared bankruptcy. As it did in thousands of other cases, J&J recently removed the matter to federal court based on federal court jurisdiction over pending bankruptcy actions. J&J filed a motion to stay while its motion to…
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Motion to Remand or Sever Claims Ruled Premature U.S. District Court. for the Eastern District of Louisiana May 31, 2019

LOUISIANA – In March 2017, the plaintiffs filed a lawsuit alleging that decedent, Wayne Knight, who developed mesothelioma as a result of exposure to asbestos while employed by Avondale Shipyard from 1967 to 1982. Avondale removed the case in October 2018, pursuant to the federal officer removal statute. The plaintiffs then filed a motion to sever claims and remand. Pursuant to the federal officer removal statute, removal is proper if a defendant can establish four elements:
  1. That it is a person within the meaning of
…
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Outcome of Instant Matter Would Not Impact Non-Party Talc Supplier’s Pending Bankruptcy Estate, Remand Ordered United States District Court, W.D. Pennsylvania, May 30, 2019

PENNSYLVANIA – The defendant Johnson & Johnson (J&J), in a topic that has been extensively covered by the Asbestos Case Tracker, indicated in its notice of removal that this case is one of many in the United States which involve claims concerning personal injuries and deaths allegedly caused by J&J’s cosmetic talc. J&J’s motion further indicates that the “sole supplier” of the talc which the defendant used in its product, filed for bankruptcy under Chapter 11. The plaintiffs’ complaint is similar to those filed by…
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Asbestos Talc Cases Remanded to State Courts Despite Pending Bankruptcy of Talc Supplier United States District Court, C.D. California, May 21, 2019

CALIFORNIA — On Tuesday, a federal court in California ordered that a group of asbestos talc personal injury cases must be remanded to state court on equitable grounds. Defendant Johnson & Johnson (J&J) had removed these actions to federal court in April on the basis of the pending bankruptcy of its sole talc supplier, Imerys Talc America, Inc., claiming that J&J’s supply agreements with Imerys contained contractual indemnifications and other liability-sharing provisions, and that they were “related” to Imerys’s bankruptcy proceedings in federal court in…
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Turbine Manufacturer’s Removal Deemed Timely Due to Plaintiffs’ Vague Initial Pleadings and Answers to Interrogatories United States District Court, D. Maryland, April 12, 2019

MARYLAND — The plaintiffs filed suit in the Circuit Court for Baltimore City on April 4, 2018, against Westinghouse and thirty other the defendants. In the original complaint, the plaintiffs provided no time frame during which the plaintiff’s decedent, Vincent James Barrett, may have been exposed to asbestos, nor did it provide any specifics as to which he was exposed to or identify ships on which he may have worked. On December 18, 2018, Westinghouse removed the case to the District Court of Maryland “within…
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Fifth Circuit Affirms Remand of Shipyard Case U.S. Court of Appeals for the Fifth Circuit, March 11, 2019

LOUISIANA — The plaintiff James Latiolas, filed suit in Louisiana State Court alleging asbestos exposure while working at the Avondale shipyard. The plaintiff only asserted a negligence claim against Avondale and Avondale removed the case on the basis of the federal officer defense. The plaintiff filed a motion to remand, which was granted. On appeal, the fifth circuit affirmed. The evidence previously gathered in other cases demonstrated that Avondale built and refurbished naval vessels based on the Navy’s specifications and under the their supervision. However,…
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Motion to Remand Denied Due to Evidence Presented by Defendants U.S. District Court for the Northern District of California Date, March 11, 2019

CALIFORNIA — On November 7, 2018, the plaintiffs filed an amended complaint in state court alleging that decedent, Ronald Viale, was exposed to asbestos when he was employed by the U.S. Navy as a steamfitter/firefighter from 1968 to 1970, and that he developed mesothelioma as a result of said exposure. On January 3, 2019, Foster Wheeler removed the matter under the federal officer defense. The removing defendants produced declarations provided by witnesses demonstrating that the Navy issued specifications regarding the form and content of all…
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Defendant Pump and Compressor Manufacturer’s Removal Deemed Untimely U.S. District Court, N.D. California, February 25, 2019

CALIFORNIA — The plaintiffs Michael Roy Harris and Elsie Harris sued multiple parties, including Ingersoll-Rand Company (IR), alleging that Michael developed mesothelioma due to asbestos exposure resulting from his work at two U.S. Navy shipyards and while serving in the Navy. The plaintiffs initially filed suit in the Superior Court of California, County of Alameda, on May 25, 2018. Over six months later, on December 17, 2018, IR removed the case to the Northern District of California. The plaintiffs filed the instant motion to remand.…
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In Talc case, Motion to Dismiss Denied Based on Business Registration; Case Not Remanded to State Court U.S. District Court E.D. Pennsylvania, January 16, 2019

PENNSYLVANIA -The plaintiffs filed suit in the Philadelphia Court of Common Pleas against Imerys and Johnson & Johnson, alleging that the plaintiff Carrie Youse’s use of cosmetic talcum powder caused her to develop mesothelioma. Imerys filed a notice of removal, including within the notice J&J’s consent. Soon thereafter, Imerys filed a Motion to Dismiss for lack of jurisdiction which was rendered moot by the plaintiffs filing an amended complaint. In the amended complaint, the plaintiffs added a claim against Walmart. The plaintiffs subsequently moved to…
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Motion to Remand Turbine Manufacturer’s Removal Denied Due to Statements in Settlement Demand Letter United States District Court for the District of Rhode Island, January 9, 2019

RHODE ISLAND — The plaintiff filed suit on behalf of her husband, Michael Mannix, alleging that his death was caused by exposure to asbestos. She sued CBS, among other defendants, related to his work on ships in the Navy. After years of discovery, the plaintiff’s counsel sent CBS a settlement demand letter in which it was stated that decedent was exposed to asbestos from CBS turbines on the USS Saratoga. CBS promptly removed the case on October 9, 2018, alleging that the statement provided a…
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