LATEST INSIGHTS

Case Decisions / New York / Remand/Removal
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Removal Upheld on Government Contractor Defense for Turbine and Gasket Manufacturers

NEW YORK — Plaintiffs Michael and Anne Donohue brought suit against multiple defendants including Westinghouse (CBS) and Crane Co. alleging Mr. Donohue contracted mesothelioma from exposure to asbestos containing products for which the defendants were liable. Mr. Donohue claimed exposure from his time working in the Navy and with the New York Fire Department (NYFD).

CBS removed the case one day after the plaintiff’s trial deposition. Crane quickly joined the removal. Both asserted the government contractor defense which shields liability in certain instances. The plaintiffs …

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Case Decisions / Maryland / Summary Judgment
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Summary Judgment Affirmed in Favor of Insulation Suppliers Based Upon Lack of Product Identification

MARYLAND — The Circuit Court for Baltimore County affirmed the entry of summary judgment for two insulation suppliers-installers in a mesothelioma case arising from Bethlehem Steel’s Key Highway Shipyard (KHS), agreeing that the plaintiffs failed to present evidence linking the plaintiff to the products or employees of the insulation defendants. The evidence demonstrated that MCIC, Inc. (formerly the McCormick Asbestos Company) and Wallace & Gale Settlement Trust (formerly the Wallace & Gale Company) both supplied and installed insulation at KHS during the plaintiff’s years of …

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California / Other Asbestos News
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Johnson & Johnson Found Not Liable in California Talcum Trial

After almost three days of deliberation following a four week trial, a Los Angeles area jury reached a defense verdict in a mesothelioma case against Johnson & Johnson and its supplier Imerys Talc America, Inc. In closing arguments, the plaintiff urged the jury to consider evidence that allegedly documented Johnson & Johnson’s long awareness of asbestos contamination in its talc mines in attributing the plaintiff’s disease to the defendants. Defense arguments focused on a lack of asbestos markers in the plaintiff’s lungs, and pointed to …

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Case Decisions / FELA / Montana / Statute of Limitations
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Plaintiff’s FELA Claim Against Railroad Survives Limitations Challenge

MONTANA — The plaintiff worked for Burlington Northern and Santa Fe Railway Corporation (BNSF) and claimed exposure to amphibole containing vermiculite in that capacity as BNSF transported vermiculite for W.R. Grace. The plaintiff filed suit against BNSF for his asbestos related disease under FELA. The trial court granted summary judgment for the defendant and the plaintiff appealed.

Prior to the suit, W.R. Grace filed for bankruptcy protection in 2001. A temporary restraining order (TRO) was immediately issued prohibiting any suits against third parties arising from …

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California / Other Asbestos News
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Los Angeles Jury Deliberating in $24M Talcum Product Trial

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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Appeal / Case Decisions / Damages / New York / Verdict Reduction
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Mesothelioma Verdict Reduced by $4.3 Million on Appeal

NEW YORK — Plaintiff Mary Nash filed suit on behalf of the plaintiff’s decedent, Lewis Nash, alleging bystander exposure to asbestos-containing dust from defendant Navistar’s brakes and gaskets while working as a janitor and bus driver in the Fayettteville-Manluis Central School District. The decedent’s exposure occurred in the bus garage at the school, where decedent routinely spent time during his bus runs. The jury awarded the plaintiff the following: three million dollars in conscious pain and suffering; three million dollars in emotional pain and suffering …

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Case Decisions / Discovery / North Carolina
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After Close of Discovery Motion for Release of Pathology Materials Granted

NORTH CAROLINA — Defendant John Crane filed a motion for an order governing the release of pathology materials following the close of discovery. Although pathology materials had been requested from the plaintiff’s counsel nearly a year and a half prior to the discovery end date, they were not produced until eight days after that deadline had passed. John Crane then learned that there were additional pathology materials in the possession of Duke University Hospital System (DHUS). John Crane requested the additional slides in April 2017, …

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Case Decisions / Connecticut / Expert Challenges
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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 …

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Other Asbestos News
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Bestwall LLC Seeks Bankruptcy Protection

Bestwall LLC, a unit of Georgia Pacific, sought bankruptcy protection under U.S. Chapter 11 early Thursday morning. Bestwall LLC filed the petition as a result of towering costs associated with defending asbestos claims around the nation. The filing comes during a period of time in which both state and federal lawmakers ponder proposals to curb asbestos claims. A company statement indicated that Georgia Pacific is unaffected by the filing.…

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Case Decisions / Kentucky / Remand/Removal / Summary Judgment
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Plaintiff’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 …

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