CALIFORNIA — Closing arguments were conducted on Monday, November 13, 2017 in a trial against Johnson & Johnson and its supplier, Imerys Talc America Inc., alleging that asbestos in talcum powder caused the plaintiff’s mesothelioma. The plaintiff’s counsel argued that Johnson & Johnson and Imerys pushed to delay regulation of talc for years, and that the companies advocated for methods of testing their products for asbestos that could not detect the levels actually present. The plaintiff suffers from mesothelioma, and her life is predicted to …
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Lack of Product Specific Expert Testimony About Respirable Asbestos Fibers Reverses Mesothelioma Verdict
CONNECTICUT — Plaintiff Marianne Bradley, as executrix of her husband Wayne Bagley’s estate, sought to recover damages pursuant to Connecticut’s Product Liability Act for the wrongful death of the decedent under theories of negligence and strict liability. Plaintiff alleged that the decedent was exposed to asbestos-containing dust from FM-37, a product manufactured by the defendant, while working at Sikorsky Aircraft Corporation and this exposure caused decedent’s mesothelioma. The plaintiff further alleged that the defendant’s actions in selling its product constituted violations of the Act in …
Continue ReadingPlaintiff’s Failure to Establish Causation and Lack of Opposition Leads to Grant of Summary Judgment
KENTUCKY — Rojelio Surita brought this action against several defendants alleging his decedent, Nancy Surita, developed mesothelioma from exposure to asbestos containing products for which Defendants were liable. Nancy Surita gave deposition testimony stating that she assisted in brake jobs on the family farm while growing up in Illinois. She also recalled maintenance on vehicles while serving in the National Guard. Later she testified as to working on military trucks. Although she recalled Caterpillar as the manufacturer of the transmissions, she testified that she did …
Continue ReadingLos Angeles Jury Concludes Mesothelioma Not Caused By Asbestos
CALIFORNIA — The estate of Velma Searcy (plaintiffs) filed suit in the Superior Court of Los Angeles for the personal injuries and subsequent death of Velma Searcy at age 51. The plaintiffs argued that Searcy’s mesothelioma diagnosis and death was caused from occupational exposure to asbestos through Searcy’s work as an electrician in the aerospace industry. The plaintiffs’ claims also included allegations of take-home asbestos exposure as a child watching her father perform brake changes on various vehicles. Most of the defendants either settled with …
Continue ReadingPlaintiff’s Status as Independent Contractor Bars Negligence Claim
DELAWARE — Defendant Covestro was the premises owner or successor in interest to one or more prior owners of Mobay Chemical Plant. The plaintiff worked at Mobay for six months in 1979 and was employed by Dravo Corporation, a third party contractor. The plaintiff testified that he removed insulation from pipes and other equipment; he received instruction and equipment from Dravo supervisors. The plaintiff also worked at Mobay from 1986-88 as a contract engineer for Midwest Tech and testified that he reported to two Mobay …
Continue ReadingTalc Manufacturer’s Summary Judgment Reversed; Question of Fact as to Asbestos content of Product
CALIFORNIA — Plaintiff Mary Lyons appealed summary judgment entered against her on her product liability claim against defendant Colgate-Palmolive, which was based on the allegation that she developed mesothelioma from the use of Colgate’s Cashmere Bouquet cosmetic talcum powder. The plaintiff testified at her deposition that she regularly used Cashmere Bouquet after bathing from the early 1950s through the early 197’s. Colgate manufactured Cashmere Bouquet from 1871 until 1985, and continued marketing the product until 1995, which coincided with the United States EPA’s report that …
Continue ReadingPersonal Jurisdiction Challenges Growing in Madison County; May Lead to Fewer Asbestos Filings
ILLINOIS — Continuing a national trend following the Bristol Myers Squibb Co. v. Supreme Court of California (2017) and Daimler AG v. Bauman (2014), the Supreme Court of Illinois has issued a personal jurisdiction opinion that will limit the ability of out-of-state plaintiffs to file suit in Illinois against “non-resident” or foreign defendants.
In the matter of Aspen American Insurance Company v. Interstate Warehousing, Inc., Eastern Fish Company (Eastern) is a New Jersey-based corporation that sources and imports fish products. In 2013, Eastern contracted with …
Continue ReadingMagistrate Judge Recommends No Personal Jurisdiction Over Exelon Corporation in Delaware
DELAWARE — Plaintiffs Michael and Sally Harding filed claims in Delaware state court due to Michael Harding’s exposure to asbestos while working as a pipefitter for the United States Navy from 1963-67. Defendant Crane Co. removed to federal court. Defendant Exelon Corporation moved for dismissal due to lack of personal jurisdiction. Exelon was not a Delaware business entity and did not have a principal place of business in Delaware. The plaintiffs did not respond to Exelon’s motion to dismiss. The magistrate judge recommended granting this …
Continue Reading$8.5 Million Verdict Affirmed Against Premises Defendant
Plaintiffs Dennis Britt and Rosa-Maria Britt filed suit after Dennis Britt was diagnosed with mesothelioma. Britt ultimately passed away from the disease and Rosa-Marie Britt continued as personal representative of his estate and added a wrongful death claim.
Britt was an employee benefits advisor from 1978-1997 where he visited various commercial and industrial facilities to speak with, and enroll, employees of these facilities, some of which were owned and operated by the defendant. Prior to his death, Britt testified that during the course of his …
Continue ReadingVarious Defendants Granted Summary Judgment Under Maritime Law Bare Metal Defense
Plaintiffs Stephen and Marilyn Charlevoix filed this asbestos related personal injury action in Delaware Superior Court against multiple defendants on July 10, 2015. Crane removed the action to this court on August 21, 2015. The plaintiff stated that Mr. Charlevoix was first exposed to asbestos-containing products during his service as a boiler tender with the U.S. Navy from 1961 to 1964 aboard the USS Valley Forge. After his service in the Navy, Mr. Charlevoix worked at Grede Foundry from 1964 to 1966 as a grinder. …
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