Court Denies Plaintiffs’ Motion to Compel Supplemental Discovery Against Defendant

In McCallister v. McDermott & Co., Inc., et al., the United States District Court for the Middle District of Louisiana recently ruled on the plaintiffs’ motion to compel discovery directed to Armstrong International, Inc., requesting supplemental responses to interrogatories and requests for production. The plaintiffs initially served requests to Armstrong, which were responded to in a timely manner. Several months after receiving the responses, the plaintiffs’ counsel emailed Armstrong’s counsel, arguing that the responses were deficient and required supplemental responses within seven days. On…
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Beyond the Gateway Arch -Talc Litigation Update Nine Months After Mammoth St. Louis City Jury Verdict

  In July 2018 a St. Louis City jury heard one of the first trials involving allegations of the development of ovarian cancer due to talc contaminated with asbestos.[1] In a decision that shocked both the plaintiff and defense bar, the jury awarded $25 million to each of 22 plaintiffs for a total of $550 million in compensatory damages. The jury then spent less than two hours deliberating punitive damages before returning with a total award of $4.14 billion against defendants Johnson & Johnson…
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Defense Verdict for Johnson & Johnson in California Asbestos-Talc Case Superior Court of California. Humboldt County. November 14, 2018

CALIFORNIA — On November 14, 2018, before the Honorable Timothy Canning, a Northern California state jury returned a defense verdict in favor of Johnson & Johnson (J&J). The jury found the defendant not liable for the plaintiff Carla Allen’s mesothelioma. The plaintiff initially filed suit earlier this year, pleading both negligence and strict liability causes of action, and alleged that defendants knew its talcum products contained asbestos and were likely hazardous to the health of consumers. The main allegation in this case centered on the…
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Chanel Obtains Defense Verdict from Oregon Jury in Living Mesothelioma Claim

OREGON — An Oregon jury delivered a defense verdict for defendant Chanel on September 17, 2018 after a four-week trial in a living pleural mesothelioma claim. Chanel asserted an spontaneous etiology defense and the jury unanimously found that (i) Chanel was not negligent and (ii) was no defect in the Chanel cosmetic talc product allegedly used by plaintiff in this case.…
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California Jury Finds Against Asbestos/Talc Defendants for $22.17 Million Alameda County Superior Court, California December 12, 2017

CALIFORNIA — Earlier this week, an Alameda County, California jury awarded plaintiffs $22.17 million dollars, comprised of $17.6 million in compensatory damages and $4.6 million in punitive damages.  Defendants Imerys Talc America Inc. (40 percent) and Vanderbilt Minerals LLC (60 percent) were found liable.  Vanderbilt Minerals reportedly settled the case after the compensatory verdict.  The plaintiffs alleged that the 72-year-old decedent developed mesothelioma after working with paint made with talc that was contaminated with asbestos.  According to the plaintiffs’ closing arguments, the defendants had denied…
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Los Angeles Jury Concludes Mesothelioma Not Caused By Asbestos Superior Court of the State of California, County of Los Angeles, October 27, 2017

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…
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$8.5 Million Verdict Affirmed Against Premises Defendant District Court of Appeal of Florida, Third District, September 6, 2017

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…
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New York Jury Awards $4.6M to Welder with Mesothelioma Supreme Court of New York, New York County, August 18, 2017

The plaintiff, 75-year-old Thomas McGlynn, contracted mesothelioma on or about May 16, 2016 and filed suit in NYCAL on August 1, 2016 under Index No. 190219/16. The complaint alleged that McGlynn was exposed to asbestos while working as a shipfitter, laborer, and maintenance laborer at various locations in and around New York City. The plaintiff further alleged that McGlynn’s mesothelioma was caused by his occupational exposure to asbestos from work done on asbestos-containing valves manufactured by the defendant. Specifically, McGlynn testified that these valves were…
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California Jury Awards $13 Million in Wrongful Death Action Against Sugar Plant

The decedent, Mark Lopez, died from mesothelioma in July 2015. His family brought suit against Hillshire Brands Co., now Tyson Foods, for the decedent’s exposure to asbestos from the now derelict Union Sugar plant. The plant had several owners and closed for good in 1993. The decedent’s family alleged that the small town of Betteravia, where the plant was located and the decedent’s family lived, was contaminated with asbestos from the plant’s operations. The decedent’s grandfather and father worked at the plant. Additionally, as a…
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Seattle Jury Renders Enormous Verdict Against NAPA Washington Superior Court, Washington, April 18, 2017

A Seattle, Washington jury reached a unanimous verdict against NAPA/Genuine parts after 5.5 hours of deliberation. The plaintiffs alleged the decedent, Doy Coogan, developed peritoneal mesothelioma due to asbestos exposure from brake shoes, bulk brake bands, gaskets, packing, and clutches, distributed and sold by NAPA. Although punitive damages were not requested, the jury’s verdict exceeded $80 million. The jury applied pre-1981 law in awarding a total of $81.5 million for the plaintiffs. The decedent Doy Coogan was awarded $30 million; his wife of four years,…
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