Category: State

Kentucky / New Jersey / South Carolina
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Talc Verdicts Remain a Mixed Bag in Second Half of 2019

In May 2019, we reported on the state of talc litigation following eye-popping verdicts in Missouri in July 2018 that saw Johnson & Johnson hit with $550 million in compensatory damages and over $4 billion dollars in punitive damages in 22 consolidated ovarian cancer cases. With hundreds of mesothelioma cases pending, alleging exposure to asbestos-contaminated talc and enormous damages potentially at stake, a further update is warranted. The last five months have seen several verdicts, and while it’s clear that talc asbestos cases are defensible, …

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Illinois / Pleadings Challenge / Statute of Limitations
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Limitations Challenge on Railroad Worker’s FELA Claim Denied

ILLINOIS — The plaintiff Theresa Romcoe filed suit under the Federal Employers’ Liability Act (FELA) against the defendants, Illinois Central Railroad Company and Northeast Illinois Regional Commuter Railroad Corporation dba Metra Rail, alleging that her husband had passed away from esophageal cancer as a result of exposure to asbestos during the course of his employment. Specifically, the decedent had worked in several positions, including as a switchman to conductor from 1974-1984.  The decedent was diagnosed with cancer on September 5, 2013 and passed on November …

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Georgia / Summary Judgment
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Court Grants Unopposed Motion for Summary Judgment for Pump Manufacturer

GEORGIA – In Sheila Carter, Individually and as Executrix of the Estate of James R. Carter v. 3M, et al., the U.S. District Court for the Southern District of Georgia granted a pump manufacturer’s (the defendant) motion for summary judgment due to the plaintiff’s failure to oppose the motion. This action alleged that the decedent James R. Carter developed lung cancer as a result of his exposure to asbestos during his career at the ITT Rayonier Plant in Jesup, Georgia from 1968 through 2010. …

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Delaware / Summary Judgment
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Delaware Court Uses Ohio Law to Grant Summary Judgment for Asbestos Supplier

DELAWARE – The plaintiff, Marianne Robinson, brought failure to warn and strict liability claims against Union Carbide Corporation (UCC). She alleged that UCC sold its Calidria asbestos to Georgia Pacific (GP) for use in their joint compound products for a period of time. Finally, the plaintiff alleged that her late husband, Jack Robinson, purchased and used GP’s Ready Mix products in Ohio between 1971 and 1982, which caused or contributed to his fatal lung cancer.

UCC moved for summary judgment. Applying Ohio law, …

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California / Remand/Removal
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California Case Removed During Jury Selection Sent Back to State Court

CALIFORNIA – The plaintiff, Arthur Putt, filed suit in Los Angeles Superior Court on December 3, 2018, alleging he developed mesothelioma from his use of automobile brakes. Among the 16 defendants sued were Ford, Pneumo Abex and Pep Boys. On August 7, 2019, jury selection began with Ford and Pep Boys participating. Pneumo Abex did not participate in the process, but the superior court had not dismissed the plaintiff’s claims against it. On August 8, the plaintiff’s counsel informed the superior court that the claims …

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Mesothelioma
Asbestos Litigation Analysis / Kentucky
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Summary Judgment Denial Upheld by Kentucky Court of Appeals Denying Application of Workers’ Compensation Bar

In Schneider Electric USA, Inc. v. Paul Williams, as Executor of the Estate of Vickie Williams, the court of appeals affirmed a trial court’s denial of the sole defendant’s motion for summary judgment. In this case, Vickie Williams’ father worked for Schneider Electric USA, Inc., formerly known as Square D Company (Square D), for several years. During that time, she allegedly encountered asbestos brought home on her father’s clothing. Ms. Williams also worked for Square D for a few months as a teenager. She …

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Kentucky / Other Asbestos News / Verdict
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J&J Wins Defense Verdict in Kentucky Talc Case

KENTUCKY – A Louisville state court deliberated for approximately a half hour on August 2, 2019 before finding in favor of Johnson & Johnson in a talc case. The lawsuit alleged that Donna Ann Hayes died from mesothelioma caused by her use of talcum powder products. The plaintiff’s lawyers argued that the talc was contaminated with asbestos, but J&J disputed those allegations.

 …

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Florida / Other Asbestos News
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Corporate Representative for Power Company Defendant Can’t Escape Deposition Notice Based On Long Period of Inquiry

FLORIDA – The plaintiff, Larry Cook, sued his employer Florida Power & Light Company (FPL) under negligence and premises liability theories for injuries allegedly sustained while working with or around asbestos in FPL power plants. Cook issued several notices for the deposition of a corporate representative of FPL to discover information regarding their use of asbestos, and requested documents and other materials from the company dating back to 1925.  FPL moved for protective orders arguing that compliance would be burdensome and costly. The court denied …

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Delaware / Other Asbestos News
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Cosmetic Talc Seller’s Motion to Fix Venue in Delaware for 2,400 Cases Denied

DELAWARE – In a substantial set of cases extensively covered by the Asbestos Case Tracker, Johnson & Johnson and Johnson & Johnson Consumer Inc.’s (J&J) motion to fix venue was ruled on in the District Court of Delaware. The motion requested transfer of approximately 2,400 state court tort cases pursuant to 28 U.S.C. Sections 157(b)(5) and 1334 (b). Numerous parties filed briefs in opposition to the instant motion.

The state court actions allege the following against J&J:

  1. They are directly liable for placing asbestos-containing talc
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Delaware / Expert Challenges
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Component Part Supplier Successfully Excludes Expert Testimony Regarding Failure to Warn

DELAWARE – The plaintiff Icom Henry Evans worked as a fireman and boiler tender in the United States Navy from 1957 to 1967. He filed suit and alleged that his fatal mesothelioma was caused in part by exposure to asbestos-containing gaskets and packing that were manufactured, sold, distributed, licensed, or installed by John Crane, Inc. (JCI).  JCI moved the court to exclude testimony offered by the plaintiffs’ expert Captain Arnold Moore, a marine engineering authority. They contended that Captain Moore lacked expertise to interpret relevant …

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