LATEST INSIGHTS

Case Decisions / Other Asbestos News / Washington
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Autopsy Ordered Over Plaintiffs’ Objections in Mesothelioma Case

WASHINGTON — Plaintiffs Leslie Jack and her late-husband Patrick Jack brought suit against numerous defendants, including Genuine Parts Company (GPC), alleging that exposure to their products caused Mr. Jack’s mesothelioma. Mr. Jack passed away on October 15, 2017 and defense counsel was notified on October 17, 2017. Counsel for GPC renewed a prior request for an autopsy on the same day. The plaintiffs’ counsel denied the request and informed defense counsel that Mr. Jack’s body would be cremated on October 19, 2017.

Counsel for GPC, …

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Case Decisions / Remand/Removal
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Defendant’s Third-Party Claims Remain Stayed in Federal Court While Plaintiff’s State Law Claims Remanded

MARYLAND — The plaintiff filed a complaint in the Circuit Court for Baltimore City, MD alleging state law claims arising from asbestos exposure against defendant/appellant Campbell-McCormick (CMC) and others. CMC subsequently filed a third-party complaint against GE and 12 other co-defendants for contribution. GE removed the case to the District of Maryland, asserting federal contractor defenses. The plaintiff filed a motion to sever and remand, and specifically requested the district court to decline to exercise supplemental jurisdiction of the plaintiff’s state law claims pursuant to …

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Case Decisions / Ohio / Summary Judgment
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Plaintiff’s Incomplete Deposition Testimony Deemed Inadmissible; Summary Judgment Granted for Defendant

OHIO — The decedent, Donald French, filed suit as a result of his diagnosis of mesothelioma allegedly caused by occupational exposure from asbestos-containing products through his work at U.S. Steel in Dearborn, Michigan. French provided testimony as to his alleged exposures at a discovery deposition that lasted approximately 18 hours over three days. On the third day, French identified the defendant as a source of exposure. The deposition, however, was not completed. The fourth day of deposition was adjourned due to French’s poor health. French …

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Appeal / California / Case Decisions
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Talc 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 …

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Missouri / Other Asbestos News
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Reversal of $72 Million Ovarian Cancer/Talc Verdict on Jurisdiction May Lead to Fewer Asbestos Filings in Missouri

MISSOURI — In a case that could lead to fewer asbestos filings in Missouri, Johnson and Johnson successfully argued that the trial court lacked personal jurisdiction over it after a $72 million dollar plaintiff verdict in an ovarian cancer / talc case.

Plaintiff Jacqueline Fox was one of 65 plaintiffs who filed suit against Johnson and Johnson (J and J) and Imerys Talc. J and J is a New Jersey resident and Imerys is a Delaware corporation. Both were sued in Missouri. The plaintiffs alleged …

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Case Decisions / Louisiana
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Res Judicata Bars Plaintiff’s Mesothelioma Claim Against Prior Settled Defendant

LOUISIANA — The decedent filed an asbestosis lawsuit in 1991 against Owens-Illinois and other defendants. Owens-Illinois settled the claim for $4,000 as part of a group settlement. The Release Agreement stated that the decedent agreed to release the defendant from any cause of action arising out of the decedent’s asbestos-related injury, including mesothelioma, cancer, wrongful death and survival claims. Seventeen years after executing the Release Agreement, the decedent was diagnosed with mesothelioma and eventually passed. His wife and children brought a second action against Owens-Illinois …

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Illinois / Other Asbestos News
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Personal 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 …

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General
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Joe Welter to Speak at Upcoming Talc Seminar

On Wednesday November 1, 2017, Joseph J. Welter, partner and chair of Goldberg Segalla’s Toxic Tort and Environmental Practice Group, will be speaking at Cardno ChemRisk’s Talc Seminar in Las Vegas.  This half-day seminar will feature several topics, including:

  • The mineralogy and epidemiology of cosmetic talc
  • Historical perspectives on talc, along with its asbestos content and potential health risks
  • Emerging strategies in talc litigation

Joe will present “Talc and Ovarian Cancer: The Dilution of Scientific Causation.” For nearly three decades, Joe has served as national, …

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Case Decisions / Minnesota / Remand/Removal
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Remand Denied and Plaintiffs’ Mesothelioma Suit Dismissed Based on Lack of Personal Jurisdiction

MINNESOTA — In March 2016, the plaintiffs filed suit against multiple defendants, including Conwed Corporation, in Missouri Circuit Court in St. Louis alleging that the husband plaintiff’s mesothelioma was caused by exposure to the defendants’ asbestos-containing products, including Conwed’s ceiling tile. On January 19, 2017, the Missouri Circuit Court dismissed the plaintiffs’ complaint against Conwed without prejudice, finding, in part, that Conwed was “a Delaware corporation with its principal place of business in New York.” The plaintiffs refiled suit on March 16, 2017 in Ramsey …

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Case Decisions / New York
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New York Appellate Court Affirms Nine Million Dollar Verdict in Duty to Warn Grinder Case

NEW YORK — The plaintiff filed suit against various defendants, including Hennessy Industries’ subsidiary, Ammco, alleging that the plaintiff’s use of Ammco’s grinder on asbestos-containing brake linings exposed him to asbestos. The plaintiff’s expert testimony was sufficient to establish exposure to asbestos via use of the grinder in sufficient quantities to cause the plaintiff’s mesothelioma. Further, “because the asbestos-laden dust was created by plaintiff’s use of defendant’s grinder and defendant knew its grinder would be used on asbestos-containing products, defendant had a duty to warn …

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