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South Carolina Asbestos Litigation Moves Up in its Position on the 2023/2024 Judicial Hellholes List

Since its initial appearance on the Judicial Hellholes list in 2020, South Carolina asbestos litigation continues to move up. South Carolina has earned a reputation for bias against corporate defendants, unwarranted sanctions, low evidentiary requirements, liability expanding rulings, unfair trials, severe verdicts, a willingness to overturn or modify jury verdicts to benefit plaintiffs, and frequent appointment of a receiver to maximize recoveries from insurers.

As described in the 2023/2024 Judicial Hellholes report, the2024 asbestos litigation filings are overall 8% higher with 153 more lawsuits filed …

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Virginia Jury Awards $3.45 Million In Millwright Mesothelioma Case

Virginia Circuit Court

In this asbestos action, plaintiff Patricia Katcham filed suit claiming that her husband, James Katcham, had occupational exposure to asbestos because of his career as a millwright. It was specifically alleged that Mr. Katcham had occupational asbestos exposure by working with gaskets, packing and other asbestos-containing products while employed as a millwright at the DuPont Spruance plant in the 1960s and 1970s. This asbestos exposure purportedly resulted in Mr. Katcham contracting mesothelioma, which caused his death. In a declaration provided before his …

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New York Jury Awards $600,000 in Mechanic’s Mesothelioma Case

New York Supreme Court – New York County

In this asbestos action, plaintiff Michael C. Wagner filed a lawsuit in the Supreme Court of New York – New York County, alleging occupational exposure to asbestos because of his career as a mechanic, resulting in Mr. Wagner contracting mesothelioma. Mr. Wagner named numerous defendants, including North American Honda Motor Co., Inc., in this litigation. On August 19, 2024, the case proceeded to trial against Honda. At trial, Mr. Wagner argued that Honda knew about the dangers …

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Fed Court Determines Plaintiff’s Complaint Does Not Constitute a “Shotgun Pleading”

U.S. District Court for the Eastern District of Louisiana

Plaintiff Mallory Ware was diagnosed with lung cancer in May 2020. He alleged his occupational exposure to asbestos and toxic welding fumes caused his illness. He initiated a lawsuit in state court against both premises owners and manufacturers, sellers, suppliers, contractors, and distributors of asbestos-containing products. The plaintiff divided his claims into three counts: (1) negligence against all defendants; (2) strict liability and negligence against the premise defendants; and (3) strict liability and negligence against the …

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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), …

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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 …

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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 …

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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 …

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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 …

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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 …

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