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Joint Compound Defendant Post-Trial Motions Denied

Court: Supreme Court of the State of New York, County of New York

In this asbestos action, Munir Seen alleged he developed mesothelioma from asbestos exposure from various products, including joint compound from defendant Kaiser. The plaintiff’s experts included Drs. Jacqueline Moline and David Rosner. In June 2022, a jury awarded the plaintiff $15 million and allocated 70 percent of the fault to Kaiser. Following the trial, Kaiser moved for three forms of post-trial relief. Ultimately, the court denied Kaiser’s motions in their entirety.

Kaiser …

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Parish of Orleans Jury Renders Over $8 Million Dollar Verdict for Plaintiff After Three-Week Trial

Civil District Court for the Parish of Orleans, Louisiana, August 12, 2021

In this matter, Steven “Joe” Aaron Sr. alleged causes of action of negligence and strict liability against defendant Ford. Aaron alleged exposure from asbestos-containing brakes and clutches associated with Ford vehicles while working as a gas station and school bus mechanic in the 1960s and 1970s. Aaron was diagnosed with mesothelioma over one year ago. Following a three-week trial before Judge Ethel Simms Julien, the jury found for Aaron on both counts and …

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Jury Verdict Found Consistent as Exposure May Not Be Substantial Contributing Factor of Disease

Supreme Court of Louisiana, January 12, 2021

The plaintiffs sued various defendants alleging that the decedent (Bagwell) developed mesothelioma caused by asbestos exposure which resulted in his death. At trial, the jury rendered a verdict in favor of the plaintiffs against the decedent’s employer, RMC, finding it 75 percent at fault. CAPCO, a non-party defendant, was found 25 percent at fault. The jury assigned no fault to Union Carbide Corporation (UCC) and Montello, Inc., the manufacturer and the distributor of asbestos-containing products. The trial court …

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New Trial Denied Against Boiler Manufacturer; Jury Verdict Not Against Weight of the Evidence

Superior Court of Delaware, December 22, 2020

On December 20, 2019, following a 10-day jury trial, a jury returned a verdict in favor of Cleaver Brooks, Inc. (Cleaver Brooks), the sole defendant at trial. The jury found that this defendant nor any of the other non-party entities listed on the verdict sheet failed to meet the standard of care of providing a safe work place or defective product to the decedent, Gary Stimson.

During trial, each side presented expert testimony on the issue of whether …

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Motion to Exclude Testimony of Witnesses Denied; No Duty to Remind of Witnesses Existence

U.S. District Court for the Western District of Washington

Defendant Auburn Technology Inc. filed a motion to exclude testimony of three witnesses who were shipmates of the plaintiff’s decedent. Several other defendants joined in on the motion. The defendants argued that the witnesses were not properly disclosed until the very end of discovery and should therefore be excluded under Fed. R. Civ. P. 37. 

By way of background, in the summer of 2019, the plaintiffs made their initial disclosures, identifying the muster rolls for the …

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Defendant’s Collateral Estoppel Argument Fails in Motion For JMOL

United States District Court, E.D. North Carolina, Western Division, March 5, 2020

NORTH CAROLINA – On June 9, 2015, Wade Miller Gore (decedent) and Faye Gore (plaintiff) filed an asbestos-related lawsuit in the United States District Court for the Middle District of North Carolina. The complaint alleged that the decedent was exposed to asbestos products while working at the DuPont plant in Leland, NC. 

Trial began on Sept. 16, 2019 with the plaintiff’s case-in-chief concluding on Sept. 20, 2019.  At that time, the defendant, John Crane, …

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Louisiana District Court Issues Remittitur Decision in Asbestos Case

U.S. District Court E.D. of Louisiana, March 4, 2020

LOUISIANA – The decedent, James Leoma Gaddy, filed a petition for damages against various defendants on Sept. 21, 2018 in the Civil District Court for the Parish of Orleans. It is alleged that the decedent was exposed to asbestos while working at International Paper from 1948 to 1950 and 1952, and while working as a chemical engineer at Ethyl Corporation’s facility from 1955 to 1960. The decedent filed suit against a number of defendants, including Taylor-Seidenbach, …

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New York Talc Case Continued on Eve of Trial to Allow for Further Testing

NEW YORK – The plaintiff Beverley Alleyne filed suit against Revlon alleging she developed mesothelioma from asbestos in Revlon’s Charlie talcum powder product. Less than ten days before a May trial date, the plaintiff disclosed a report of Dr. William Longo, summarizing his testing of a Charlie product purchased on Etsy. Due to the late disclosure, the trial court continued the case to June 4, 2019 so that Dr. Longo could be deposed. Revlon moved to strike Longo’s report and for an additional continuance in …

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Motion for Nonsuit Granted in Los Angeles Talc Trial

CALIFORNIA — Following a four-week trial, nonsuit was entered just prior to closing arguments in a talc mesothelioma trial venued in Los Angeles state court. At the conclusion of the plaintiffs’ case, Colgate-Palmolive moved for nonsuit, arguing that the plaintiffs had failed to present a prima facie case linking the use of Cashmere Bouquet talcum products to the plaintiff’s injury. The plaintiffs responded by arguing that they only had to prove that fibers from the defendant’s product contributed to the aggregate dose of asbestos to …

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Defense Verdict for California Water Companies Affirmed

CALIFORNIA — On November 19, 2018, the California Court of Appeal affirmed judgment in favor of the defendants, California Water Service Company and San Jose Water Company (Water Companies), following a trial in which it was alleged that the plaintiff died from mesothelioma developed from cutting asbestos pipe while employed by Fairly Constructors. The Water Companies hired Fairly to install water pipes from 1959 to 1989. The plaintiff alleged that the defendants failed to warn Fairly of the danger of using a power saw to …

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