Asbestos Case Tracker

Jury Verdict Reversed and Remanded on Appeal in California

Court: Court of Appeal of California, First Appellate District, Division Two

Plaintiff Steven Watts filed a lawsuit in the Superior Court of Alameda County, California naming 36 defendants who were alleged to have manufactured or supplied asbestos-containing products, to which plaintiff claimed to have been exposed to during his time operating an automotive repair shop between 1983 and 2005, and to which he alleged caused his mesothelioma diagnosis.

By the time the matter went to trial, only one defendant remained – Pneumo Abex LLC (Abex), …

October 30, 2024 Asbestos Exposure / Bankruptcy / Indemnification / Preliminary Injunction / Successor Liability / Talc

Posted by: Anthony I. Perchiacca

Debtor’s Motion for Preliminary Injunction Granted

Jurisdiction: United States Bankruptcy Court for the District of New Jersey

Whittaker, Clark & Daniels Inc. and its affiliates (Debtors) initiated this bankruptcy action with the Federal District Court of New Jersey. They previously filed for Chapter 11 bankruptcy to address and resolve existing and future claims alleging injuries from exposure to products containing talc, asbestos, or chemical compounds processed or distributed by the debtors or their predecessors in interest. As a result of this litigation, debtors are defendants in 638 lawsuits across more than …

Close up of Male lawyer or judge hand's striking the gavel on sounding block, working with Law books, report the case on table in modern office, Law and justice concept

October 25, 2024 Connecticut / Personal Jurisdiction

Posted by: Jillian E. Madison

Connecticut Court Determines it Lacks Personal Jurisdiction Over Talcum Powder Defendant

Court: Superior Court of Connecticut, Judicial District of Bridgeport at Bridgeport

Connecticut resident Elaine Adelia Hickey (decedent) contracted mesothelioma alleging exposure to asbestos and asbestos-containing talcum products throughout her life. Decedent alleged she personally used talcum products on herself and her children from the 1950s to the 1970s and was also exposed to asbestos from her father’s work as an automobile mechanic from the 1970s to the 2000s. Decedent’s surviving spouse, Jacob Russell Herman Sr. (plaintiff), as executor of Decedent’s estate, brought suit against a number …

Business and lawyers discussing contract papers with brass scale on desk

October 24, 2024 Verdict

Posted by: Kerry L. Jones

Jury Awards Verdict against Automotive Manufacturer; No Punitive Damages Found

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

A jury earlier this month awarded a plaintiff’s verdict in the Supreme Court of the State of New York, County of New York (NYCAL).

Plaintiff Michael Wagner alleged he was exposed to asbestos from asbestos-containing products made, sold, and/or distributed by various entities over the course of his life. At the time of trial, only one defendant remained – North American Honda Motor Co. Inc.’s (Nissan).

After a weeks-long trial, a …

October 18, 2024 Hearsay / Joinder / Summary Judgment

Posted by: Susan R. Allen-Robbins

NY Court Grants Defendant’s Motion for Summary Judgment Following Improper Service in Illinois Action

Jurisdiction: Supreme Court of New York, New York County

In a New York City asbestos action, defendant Tishman Liquidating Corporation moved for summary judgment to dismiss plaintiff’s complaint, arguing the plaintiff’s decedent’s deposition testimony could not be used against it at trial. Tishman stated it was a necessary party to an action plaintiff commenced in Illinois and that the use of the decedent’s testimony would constitute inadmissible hearsay. Such testimony would therefore prejudice Tishman in the New York case because Article 16 bars it from presenting evidence of …

October 16, 2024 Talc / Verdict

Posted by: Kerry L. Jones

Connecticut Jury Returns $15M Verdict against J&J in Talc Trial

Court: Fairfield County, Connecticut Superior Court

A Connecticut jury on Tuesday awarded a $15 million dollar plaintiff’s verdict against Johnson & Johnson and several subsidiaries.

Plaintiff, Evan Plotkin, filed a lawsuit alleging he developed mesothelioma from his use of various brands of cosmetic talcum powders and talcum powder-based art supplies over the course of his life. At the time of trial, J&J and its subsidiaries, which were sued for their baby powder product, were the only remaining defendants

After a weeks-long trial, the jury on …

October 16, 2024 Causation / Expert Opinion / Warnings

Posted by: Kerry L. Jones

Rhode Island Court Denies and Grants, in Part, Joint Defense Motion to Exclude Plaintiff’s Experts

Court: Superior Court of Rhode Island, Providence

In this asbestos action, plaintiffs claim decedent, Bonnie J. Bonito, developed mesothelioma from exposure to asbestos from laundering her late ex-husband’s work clothing (her ex-husband worked in construction during their marriage). In support of their position, plaintiffs provided expert reports authored by Dr. Richard Kradin, who provided an opinion on the specific causation of Ms. Bonito’s disease; and Dr. Michael Ellenbecker, who opined that the defendants’ products increased Ms. Bonito’s risk of developing mesothelioma, and that defendants should …

October 10, 2024 Statute of Limitations

Posted by: Sarah J. Delaney

Wrongful Death Claim Dismissed in Case Involving Louisiana Statute of Limitations Rule

The U.S. District Court for the Eastern District of Louisiana — in Ragusa v. Louisiana Insurance Guarantee Association (October 8) — weighed in whether the state’s LIGA statutes violated the Louisiana Supreme Court rule that a newly created statute of limitations must provide a “reasonable time for those affected” to assert their “vested rights.”

More specifically, the court addressed what is a “vested right” in a wrongful death action.

The plaintiffs’ decedent was diagnosed with mesothelioma from asbestos exposure in June 2021. Shortly after, in …

October 9, 2024 Punitive Damages / Summary Judgment

Posted by: Kerry L. Jones

Boiler Manufacturer’s Motion for Partial Summary Judgment on Punitive Damages Claims Denied

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

In this asbestos action, defendant Burnham LLC moved for partial summary judgment to dismiss plaintiffs’ punitive damages claim. Specifically, Burnham argued that asbestos exposure from its boilers would fall below TLV or PEL/OSHA limits, and that it never received workers’ compensation claims for asbestos-related disease.

Ultimately, the court determined that plaintiff proffered evidence that demonstrated Burnham failed to warn plaintiff about the hazards of asbestos. Per the court, a reasonable juror could find that Burnham’s …

October 9, 2024 Causation / Summary Judgment

Posted by: Kerry L. Jones

Caulking Manufacturer’s Motion for Summary Judgment on Causation Grounds Denied

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

In this asbestos matter, decedent, Anna M. Buczynski, alleged exposure to asbestos from laundering the clothing of her former husband, Anthony Buczynski. From 1976 to 2000, Mr. Buczynski used caulking and glazing products manufactured by DAP Inc. in various homes he shared with Ms. Buczynski, as well as for servicing customers of his hardware business. Mr. Buczynski testified that asbestos dust from the caulking and glazing products would cover his clothing, and that Ms. Buczynski …