The law concept background.

$2.3M Verdict as to Equipment Manufacturer Upheld on Appeal

Court: Superior Court of Pennsylvania

Decedent Thomas Constantine was diagnosed with mesothelioma in December 2016. Mr. Constantine’s estate alleged that his mesothelioma was caused by exposure to asbestos during his employment as a draftsman and designer at Lenox Instrument Company between 1974 and 1981. During that time frame Lenox manufactured heat shields for Lightsource products, which involved the cutting, drilling, and milling of heat shields that purportedly generated asbestos-laden dust.

In February 2022, a bench trial was held before the Court of Common Pleas of …

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$260M Talc Verdict Overturned by Oregon Judge

Court: Fourth Judicial District Court for Multnomah County, Oregon (Portland)

On September 13, 2024, Oregon state court judge Katharine Von Ter Stegge granted defendant Johnson & Johnson’s motion to overturn a $260 million verdict and to hold a new trial. By way of background, in June 2024 a jury awarded plaintiff Kyung Lee $200 million in compensatory damages and $60 million in punitive damages (covered in Goldberg Segalla’s Asbestos Case Tracker here: Oregon Jury Renders $260M Verdict for Plaintiff in Talc Trial – Asbestos Case

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Plaintiffs’ Motion to Remand Denied

Jurisdiction: United States District Court for the Middle District of Louisiana 

Plaintiffs Claudette Washington Skidmore and Courtney Skidmore Williams brought claims against several defendants after the death of their husband and father, Kurt Lawrence Skidmore.

Plaintiffs’ claims relate to defendants’ “mining, processing, manufacturing, installation, maintenance, sale, distribution, and/or use of asbestos and asbestos-containing products”. Plaintiffs further allege decedent was exposed to asbestos throughout the course of his career, that each individual exposure directly caused or contributed to his injury and death, and that all defendants …

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Court Rejects Motion to Remand Asbestos Exposure Case to State Court

Jurisdiction: United States District Court for the Eastern District of Louisiana 

Plaintiff Irma Lee LaGrange filed a motion in this asbestos action seeking the court to decline supplemental jurisdiction and remand to state court. Defendants Huntington Ingalls Inc. (Avondale), Hopeman Brothers Inc. and other defendants opposed the motion to which LaGrange filed a reply.

LaGrange claimed to have contracted mesothelioma as a result of asbestos exposure by laundering her husband’s work clothes. Her husband, Allen C. LaGrange, was allegedly exposed to asbestos while working as …

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Defendant Granted Motion to Dismiss Claim against Settlement Trust for Untimeliness

Superior Court of Delaware, New Castle

In the asbestos action Burhenn v. Celotex Asbestos Settlement Trust, the court granted defendant Celotex’s motion to dismiss on the grounds that the complaint was untimely filed. In 1990, the Celotex filed for bankruptcy. Subsequently, a settlement trust was created to pay claims of persons who had pending asbestos claims and any future victims who were exposed to the defendant’s asbestos-containing products. Pursuant to the terms of the Trust’s plan, all claims must be asserted against the Trust …

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Plaintiff’s Testimony and Defendant’s Affidavit Conflict, Summary Judgment Denied

Court: Supreme Court of New York, Albany County

Plaintiff Warren Stouch brought this asbestos action in February 2020, claiming he was exposed to asbestos at his jobs, including through the use and wear of asbestos containing gloves allegedly manufactured by Magid Glove.  

Discovery was exchanged and, importantly, Mr. Stouch was deposed. He testified he recalled wearing and cleaning asbestos containing kitchen gloves, which created dust, at two jobs — from 1957-1959 and from 1981-1989. He testified the gloves were made by Magid based on the logo …

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Pump Manufacturers’ Motion to Exclude Expert Causation Testimony Granted In-Part

Court:  United States District Court for the Middle District of Florida, Tampa Division

In this asbestos action, defendants Atwood & Morrill Co. Inc. and Warren Pumps LLC filed a Daubert motion to exclude, or limit, certain causation testimony and opinions of plaintiff’s expert, David Zhang, MD.

Plaintiff Arnold Edmonds served aboard the USS Saratoga from 1962-1964. While on the ship, he was allegedly exposed to asbestos, which allegedly caused him to develop non-small cell lung carcinoma. Plaintiff filed suit against more than 20 companies and …

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South Carolina Jury Returns $63.4M Plaintiff Verdict in Talc Trial

Court: Circuit Court of South Carolina, Fifth Judicial Circuit

A South Carolina jury Aug. 16 returned a $64.4 million plaintiff’s verdict against product manufacturer Johnson & Johnson and supplier American International Industries.

Plaintiff Michael L. Perry filed a lawsuit against numerous defendants, alleging that he developed mesothelioma from exposure to asbestos through his personal use and his family’s use of talcum powder products, as well as from his work at various hotels and through maintenance work on personal vehicles. Regarding the talc defendants, plaintiff alleged …

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Putty Manufacturer and Talc Disturber’s Motion to Dismiss on Causation Grounds Denied

Court: Supreme Court of New York, New York County (NYCAL)

In this asbestos action, plaintiff Jennifer Peganis alleged take-home exposure to asbestos from laundering her husband’s work clothing. Defendant Donald Durham Company moved to dismiss the action on the basis that plaintiff failed to establish causation. Defendant Vanderbilt Minerals LLC jointed Durham’s motion to dismiss, arguing that Vanderbilt’s only connection to the action is due to its talc being a component ingredient in Durham’s water putty.

The moving defendants relied upon three experts: (1) Brittani …

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Holding Company’s Motion to Dismiss on Personal Jurisdiction Grounds Granted

Court: Supreme Court of New York County (NYCAL)

In this asbestos action, defendant Burnham Holdings Inc. moved to dismiss the complaint against it on personal jurisdiction grounds. Specifically, BHI asserted that it is a holding company that was incorporated in Delaware with a principal place of business in Pennsylvania. BHI further argued that as a holding company, it never placed any products in the stream of commerce and thus, has no ties to the state of New York.

In opposition, plaintiff argued that BHI is …

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