Category: State

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California / Remand/Removal
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Plaintiffs Succeed in Motion to Remand Case to State Court

Jurisdiction: United States District Court for the Central District of California

Decedent David L. Dunlavey worked as a pipefitter and steamfitter from 1967 to 2006 — including time spent around 1970 working as a pipefitter for University Mechanical and performing work for National Steel and Shipbuilding Company (NASSCO). 

His employment required him to handle asbestos-containing materials and products in the service, maintenance, repair, installation, removal, and disposal of various piping and boilers systems. Decedent was diagnosed with mesothelioma and his estate brought a wrongful death action …

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Connecticut / Punitive Damages
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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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Connecticut / Personal Jurisdiction
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Connecticut Court Determines it Lacks Personal Jurisdiction Over Talcum Powder Defendant

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

Connecticut resident Elaine Adelia Hickey (decedent) contracted mesothelioma alleging exposure to asbestos and asbestos-containing talcum products throughout her life. Decedent alleged she personally used talcum products on herself and her children from the 1950s to the 1970s and was also exposed to asbestos from her father’s work as an automobile mechanic from the 1970s to the 2000s. Decedent’s surviving spouse, Jacob Russell Herman Sr. (plaintiff), as executor of Decedent’s estate, brought suit against a number …

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Florida / Motion to Dismiss
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Chemical Company’s Renewed Motion to Dismiss Amended Complaint Granted

Jurisdiction: United States District Court for the Southern District of Florida

Plaintiff Douglas S. Johnson, one of the surviving children and personal representative of the estate of decedent French E. Johnson, filed an amended complaint against 50 defendants, including The Dow Chemical Company. The amended complaint alleged that decedent developed mesothelioma due to his exposure to asbestos while serving in the United States Navy, during his employment with NASA at the Kennedy Space Center, and in connection with non-occupational automotive maintenance and repairs.

In response …

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Florida / Talc / Trial / Verdict
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Florida Jury Returns Defense Verdict in Ovarian Cancer Trial

Court: United States District Court, Middle District of Florida

On Thursday April 18, a Florida jury found the talcum powder in Johnson & Johnson’s baby powder product did not cause the ovarian cancer of deceased Sarasota County resident Patricia Matthey.

The plaintiffs alleged in their complaint that J&J suppressed scientific evidence linking talc products to increased cancer risk and that the corporation knew for decades that the talc used in its baby powder could be contaminated with asbestos. At trial, J&J argued that there was …

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Illinois / Talc / Trial / Verdict
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Chicago Jury Returns $45M Plaintiffs Verdict in Talc Trial

Court: Circuit Court of Cook County, Illinois

On April 19, a Chicago jury ordered Johnson & Johnson to pay $45 million to the family of a Cook County woman named Theresa Garcia who died from mesothelioma, allegedly caused by exposure to asbestos in various talc powder products.

Plaintiffs claimed that Theresa Garcia inhaled asbestos fibers contained in the talc, citing to lab tests, which demonstrated talc products could contain small amounts of asbestos, which they say could then cause mesothelioma.

In a statement issued following …

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Florida / Summary Judgment
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District Court Denies Aviation Defendant’s Motion for Summary Judgment

Jurisdiction:  United States District Court for the Southern District of Florida

Decedent John McCabe died from malignant epithelioid mesothelioma in January 2023, following a career as an aircraft mechanic. His estate initiated this action, alleging strict products liability and negligence against dozens of defendants, including Curtiss-Wright. Curtis-Wright moved for summary judgment, arguing that plaintiff failed to submit any evidence to support the claim the decedent was exposed to asbestos from working on or around its products.

Summary judgment is appropriate when “The movant shows that there is …

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California / Damages / Maritime/Admiralty Law
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Motion to Dismiss Damages under Maritime Law Granted in Part

Jurisdiction: United States District Court for the Central District of California

In this action, the plaintiffs filed suit on behalf of the decedent, William Banks, in Los Angeles County Superior Court and thereafter removed the case to federal court. The plaintiffs pursued survival and wrongful death causes of action based on Banks’ alleged exposure to asbestos while serving in the United States Navy, and subsequent death from epithelial mesothelioma. Banks served as a machinist mate aboard several ships in the U.S. Navy from 1961 to …

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California / Summary Judgment
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Talc Defendant Denied Summary Judgment and Summary Adjudication

Court: Superior Court of California, County of Los Angeles

In this action, defendant Vanderbilt Materials LLC moved for summary judgment of the plaintiffs’ claim that plaintiff Roberto Gonzalez was exposed to asbestos in the defendant’s talc. Ultimately, the court denied the motion.

Under California law, “[a] defendant seeking summary judgment must conclusively negate a necessary element of the plaintiff’s case, or demonstrate that under no hypothesis is there a material issue of fact that requires the process of trial.” In response to a special interrogatory …

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California / Federal Officer Removal
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Plaintiff’s Motion to Remand Case Removed under Federal Officer Removal Statute Denied

In this asbestos action, plaintiff Michael Marcus alleged that he developed mesothelioma from working with or around asbestos-containing products while serving in the United States Navy. The plaintiff brought claims of design defect and failure to warn against numerous defendants. Defendant Greene Tweed removed this case to federal court under the federal officer removal statute. The plaintiffs moved to remand the case to state court.

Under the federal officer removal statute, doubt is construed in favor of removal. A state court case may be removed …

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