LATEST INSIGHTS

Business and lawyers discussing contract papers with brass scale on desk
Bankruptcy
Posted by:

Johnson & Johnson Bankruptcy Settlement Faces Latest Test in New Jersey Court

Johnson & Johnson’s latest talcum powder litigation challenge exists in a New Jersey bankruptcy court where oral arguments concerning its proposed $8.9 billion settlement occurred during the final week of June 2023. Previously in the year, J&J subsidiary LTL Management attempted to file for bankruptcy in the effort to resolve J&J’s thousands of talcum powder lawsuits. This initial attempt proved fruitless, as the Third U.S. Circuit Court of Appeals ruled LTL Management was not in sufficient financial distress to be eligible for bankruptcy protection.

As …

Continue Reading
Courtroom, Gavel And Law Books
Motion to Dismiss
Posted by:

Various Defendants’ Motions to Dismiss Granted for Failure to Identify Specific Product

U.S. District Court for the Eastern District of Missouri, Eastern Division

As previously reported by the Asbestos Case Tracker, decedent Gustave Sahm died from lung cancer allegedly caused by asbestos exposure from 1956 to 2020 while serving in the Navy and working at various jobs throughout his career. His heirs filed suit in the Circuit Court of the City of St. Louis in January 2023, alleging claims of wrongful death including the following four counts against all defendants: strict liability, negligence, willful and wanton misconduct …

Continue Reading
Closeup of a sculpture with balance
Summary Judgment
Posted by:

Printing Press Manufacturer’s Motion for Summary Judgment Denied

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

Plaintiff Jean Castagna filed suit against a number of defendants, including Komori America Corporation, alleging exposure to asbestos during his employment with Martin Lithographers, Inc. in the 1980s. Komori moved to dismiss the action of the grounds that Mr. Castagna was not exposed to asbestos from any Komori-branded product. Specifically, Mr. Castagna alleged that he was exposed to asbestos via a Komori printing press in 1980, but Komori was not incorporated until 1982. Komori …

Continue Reading
The law concept background.
Choice of Law / Workers' Compensation
Posted by:

Delaware Workers’ Compensation Statute Bars Civil Claim

Superior Court of Delaware, New Castle

Plaintiff Jeffery Saunders filed an action against numerous defendants, alleging that he was exposed to asbestos-containing products and sustained resulting injuries. Defendant Atlantic Plant Management (APM) moved for summary judgment, arguing that Delaware law applies and that the plaintiff’s claim is barred by the exclusivity provision of the Delaware workers’ compensation statute. The court agreed, granting APM’s motion. The plaintiff filed a Motion for Reargument, which was considered by the court.

The plaintiff worked out of the Delaware Carpenters …

Continue Reading
Law theme. Judge chamber.
Summary Judgment
Posted by:

Questions of Fact Split Summary Judgment for Valve Defendants

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

In this asbestos action, the plaintiff alleges that decedent David Welch’s mesothelioma was caused by his exposure to asbestos from his service in the U.S. Navy aboard the USS Carronade and the USS Princeton. The plaintiff filed a complaint against defendants Crane Co. and Velan Valve Corporation, alleging that the decedent’s mesothelioma was caused by asbestos-containing components and insulation manufactured by the companies. The plaintiff’s claims are based on “negligence and strict product liability under Section …

Continue Reading
Personal Jurisdiction
Posted by:

Supreme Court Upholds Constitutionality of Consent-by-Registration Statutes

Court: Supreme Court of the United States

The U.S. Supreme Court issued a long-awaited decision June 27 on personal jurisdiction in the Robert Mallory case, holding that consent-by-registration statutes do not violate the Due Process Clause of the Fourteenth Amendment. The case arose out of a Pennsylvania state court asbestos case. 

The plaintiff Robert Mallory worked for the defendant Norfolk Southern for nearly 20 years in Ohio and Virginia. As a freight-car mechanic, he allegedly sprayed boxcar pipes with asbestos and handled other chemicals in …

Continue Reading
The law concept background.
New York / Summary Judgment
Posted by:

General Contractor’s Motion for Summary Judgment Denied

Court Jurisdiction: Supreme Court of the State of New York, New York County (NYCAL)

In this asbestos case, decedent, Richard Robinson passed away immediately after the commencement of the instant action. One of the defendants, Tishman Liquidating Corporation was not identified in plaintiff’s answer to interrogatories. However, during the discovery deposition of Roddy Davis, a fact witness that was an employee of the business owned by decedent and his family, Davis identified Tishman as a general contractor of job sites where Keystone Wire & Iron …

Continue Reading
Documents and Resources
Posted by:

Asbestos Case Tracker 2022 Compendium

Goldberg Segalla’s Asbestos Case Tracker blog is the trusted source for asbestos decisions happening in courts throughout the United States.

We are pleased to provide this 2022 compendium of Asbestos Case Tracker posts to our clients and friends. Our hope is this serves as a convenient resource for you.

To access our digital download click the link below.

Asbestos Case Tracker Compendium 2022

… Continue Reading
The law concept background.
Appeal / New York
Posted by:

Appeals Court Affirms NYCAL Judge’s Denials of Motions to Dismiss on Successor Liability Grounds

Court: Supreme Court of New York, Appellate Division, First Department

Defendant P.B. Heat previously moved to dismiss multiple complaints in New York City Asbestos Litigation (NYCAL) cases. NYCAL Coordinating Judge Adam Silvera denied each of these motions. Asbestos Case Tracker covered one of Judge Silvera’s previous decisions where he denied P.B. Heat’s motion in the Catapano matter. P.B. Heat appealed the multiple denials to dismiss.

The court discussed two arguments on appeal. First, P.B. Heat contended that there were no factual allegations setting forth the …

Continue Reading
Law theme. Judge chamber.
Appeal / Bankruptcy
Posted by:

Circuit Court Affirms Automatic Stay as to Georgia-Pacific’s Asbestos Lawsuits

Court: United States Court of Appeals for the Fourth Circuit

In 1965, Georgia-Pacific LLC (Old GP) merged with Bestwall Gypsum Company, a manufacturer of asbestos-containing products. In 2017, Georgia-Pacific LLC underwent a divisional merger under Texas law. As a result, Old GP ceased to exist, and its assets and liabilities were divided between two new entities as wholly owned subsidiaries of Georgia-Pacific Holdings LLC: Bestwall LLC (Bestwall) and Georgia-Pacific LLC (New GP).

In accordance with this merger, Bestwall became solely responsible for all asbestos-related liabilities. Following …

Continue Reading