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Asbestos Litigation Analysis
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Bankruptcy Judge Declines to Prevent Hypothetical Talc Liability Restructuring

Johnson & Johnson currently has approximately 25,000 lawsuits pending against it related to its talc products, including talcum powder and baby powder

Reports have circulated that Johnson & Johnson is considering a strategic plan to move its liabilities from talcum litigation related to baby powder and other products into a newly created business that would later seek bankruptcy protection. Recently, lawyers for plaintiffs requested that the bankruptcy judge block the move of Johnson & Johnson. However, bankruptcy judge Laurie Selber Silverstein declined to prevent Johnson …

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General
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Plaintiffs’ Motion to Remand Granted as Defendants Failed to Show Fraudulent Joinder

United States District Court for the Southern District of Florida, August 31, 2021

In this asbestos action, plaintiffs David and Dorothy Bateman commenced an action alleging that David Bateman developed mesothelioma after being exposed to asbestos from eleven defendants’ products, including Bigham Insulation & Supply Company, Inc., a Florida corporation with a principal place of business in Florida. The plaintiffs filed a Motion to Remand following the defendants’ filing of a Notice of Removal. The plaintiffs argue that the defendants failed to prove that Bigham …

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California / Summary Judgment
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Grant of Summary Judgment to Contractor Reversed as Expert’s Declaration Was Not Given Appropriate Weight

Court of Appeal of California, First Appellate District, Division Five, September 2, 2021

In this asbestos action, decedent Michael Harris testified that he served as a hull maintenance technician on the U.S.S. San Jose from August 1973 until May 1974. During this time, he patrolled every part of the ship to check for fires and leaks, including in the boiler room. In Fall 1973, the Thomas Dee Engineering Company performed repairs on the boilers, including removal of the existing insulation and refractory material. While Harris …

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Federal Officer Removal / Louisiana / Remand/Removal
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Motion to Remand Denied Under Federal Officer Removal Statute

U.S. District Court for the Eastern District of Louisiana, August 26, 2021

In this asbestos action, decedent Salvador Pennino alleged asbestos exposure from working at the Avondale Shipyards. A fact witness deposition took place on January 20, 2021, during which the deponent testified that he observed the decedent hanging ductwork on Lykes Lines vessels. Defendants received the deposition transcript on January 29, 2021, and subsequently filed a Notice of Removal on February 19, 2021. Thereafter, the plaintiffs filed a Motion to Remand, arguing that the …

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Delaware / Summary Judgment
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Court Overrules Objections and Adopts Report Denying Boiler Manufacturer’s Motion for Summary Judgment

U.S. District Court for the District of Delaware, August 18, 2021

As reported in July by Asbestos Case Tracker, the plaintiff filed this action against multiple defendants in the Superior Court of Delaware, asserting claims arising from the decedent’s exposure to asbestos. The plaintiff alleges that the decedent developed mesothelioma as a result of his exposure to Foster Wheeler’s asbestos-containing equipment and replacement boiler components during his service as a boiler tender in the United States Navy. Foster Wheeler removed the case to federal …

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Ohio / Remand/Removal
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Court Finds Case Timely Removed within Thirty Days of Production of Plaintiffs’ Products Disclosure List

U.S. District Court for the Northern District of Ohio, Eastern Division, August 13, 2021

The plaintiffs, Lee Kallsen and his wife, Mary Lou, filed a complaint in the Cuyahoga County Court of Common Pleas against various defendants alleging Mr. Kallsen was exposed to the defendants’ asbestos and asbestos-containing materials, which caused him to develop mesothelioma. Specifically, he alleges he was exposed to asbestos and asbestos-containing materials while aboard the U.S.S Hornet.

One week prior to Mr. Kallsen’s deposition, the plaintiffs tendered a preliminary product identification …

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Louisiana / Trial / Verdict
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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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Louisiana / Personal Jurisdiction / Summary Judgment
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Louisiana Court Maintains Personal Jurisdiction over Foreign Successor Corporation

Court of Appeal of Louisiana, Second Circuit, August 11, 2021

From 1953 to 1954, the decedent, Charles Hayes, was employed as a laborer and assistant operator at a variety of plants in Louisiana. In 2017, Hayes and his family filed suit against multiple defendants, alleging that Hayes was exposed to asbestos while working with insulation, gaskets, and packing materials at these plants. Hayes was diagnosed with mesothelioma in 2016, and passed away in 2018.

One of the plants where Hayes alleged exposure to asbestos was …

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Remand/Removal / Washington
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Remand Granted and Attorneys’ Fees Awarded Against Valve Manufacturer

U.S. District Court for the Western District of Washington, August 9, 2021

On June 1, 2021, David and Linda Welch filed claims in King County Superior Court against various defendants who are allegedly responsible for mining, manufacturing, and/or installing the asbestos that has caused David’s newly diagnosed pleural mesothelioma. The plaintiffs moved for an expedited trial pursuant to RCW 4.44.025 on June 23, 2021. Defendant Velan Valve Corp filed an instant motion to remove after the plaintiffs had filed for voluntary dismissal against Velan.

By …

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New York / Personal Jurisdiction
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Court Refuses to Pierce Corporate Veil to Satisfy Personal Jurisdiction; Invites Motion to Transfer

U.S. District Court for the Southern District of New York, August 9, 2021

The plaintiff alleged that the decedent, Eugene Paroni was exposed to asbestos while working at various jobsites from the 1960s through the 1980s. Paroni specifically alleged that one of the sources of his alleged exposure was from a “Ruston TA-1500” turbine that he encountered in the early 1970s at a plant in California. Paroni alleged that outside workers took apart and worked on the turbine equipment, which included asbestos blankets. The turbine …

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