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Talc Defendant Denied Summary Judgment in NYCAL

Court: Supreme Court of New York, New York County

In this talc action, plaintiff Christina Thomas alleged she was exposed to asbestos from products manufactured by defendant Port Jervis Laboratories Inc., s/h/a Kolmar Laboratories, Inc.

Kolmar moved for summary judgment, arguing plaintiff had not established she was exposed to asbestos from a Kolmar product which caused her illness. Defendant further argued that it manufactured the products per the specifications of Johnson & Johnson. 

Plaintiff opposed Kolmar’s motion, citing defendant’s concession that they manufactured the product …

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Boiler Manufacturer Denied Summary Judgment in NYCAL

Court: Supreme Court of New York, New York County

In this asbestos action, decedent Anthony Morale alleged he was exposed to asbestos from boilers manufactured by defendant Fulton Boiler Works. Fulton moved for summary judgment, arguing it could not have caused or contributed to plaintiff’s injury. In support, Fulton proffered a corporate representative affidavit “to indicate that Fulton boilers did not require the type of servicing/assembly noted in [Morale’s] testimony and were not sold for use in the environments of Morale’s exposure.” Plaintiff opposed Fulton’s …

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Caulk and Plaster Manufacturer Denied Summary Judgment in NYCAL

Court: Supreme Court of New York, New York County

In this asbestos action, decedent Jose Munoz alleged that he was exposed to asbestos from caulk and plaster manufactured by defendant DAP.

DAP moved for summary judgment, arguing that “not all DAP caulks historically contained asbestos, no DAP plaster product contained asbestos, and that plaintiff’s causation for mesothelioma is insufficient.” In support of its motion, DAP submitted affidavits from a DAP former employee and a certified industrial hygienist. Plaintiff opposed DAP’s motion, citing plaintiff’s testimony identifying DAP products, as well …

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Corporate Representative Affidavit Found Insufficient in Connection with NYCAL Summary Judgment Motion

Court: Supreme Court of New York, New York County

In this asbestos action, decedent Willie Hollingsworth alleged he was exposed to asbestos from valves manufactured by Clow. Defendant McWane Inc., on behalf of its unincorporated division Clow Valve Company, moved for summary judgment.

Defendant argued that Clow valves could not have caused or contributed to decedent’s injury. Defendant argued that plaintiff did not sufficiently identify Clow valves as a source of asbestos exposure. Plaintiff opposed defendant’s motion, citing plaintiff’s testimony identifying Clow valves and failing …

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Tile Manufacturer Denied Summary Judgment in NYCAL

Court: Supreme Court of New York, New York County

In this asbestos action, plaintiff Peter Marino alleged he was exposed to asbestos from floor tiles manufactured by defendant, The Goodyear Tire & Rubber Company. Goodyear moved for summary judgment, arguing it could not have caused or contributed to plaintiff’s injury. Goodyear argued plaintiff “identified only potential exposure to Goodyear without surrounding details or confirmation.” Defendant further argued that plaintiff did not see the packaging of its floor tile, as well as its floor tiles would …

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Pump Manufacturer’s Motion for Summary Judgment Denied

Court: Supreme Court of New York, New York County

Defendant Milton Roy LLC filed a motion for summary judgment on the grounds that the plaintiff failed to identify Milton Roy as a manufacturer of any asbestos-containing products to which he was exposed during his employment with Con Edison between the 1970s and 1990s. In support of its motion, Milton Roy provided an affidavit from its corporate representative, which confirmed that none of the pumps at the plaintiff’s jobsites utilized asbestos-containing gaskets or other components.

In …

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Air Compressor Manufacturer’s Motion for Summary Judgment Denied

Court: Supreme Court of New York, New York County

Defendant Campbell Hausfeld LLC filed a motion for summary judgment on the basis that no Campbell product had been identified in connection with the plaintiff’s lung cancer. In support of its motion, Campbell pointed out the plaintiff’s history of cigarette smoking, and reiterated that the plaintiff could not prove exposure to asbestos from gasket replacements on its air compressors. In addition, Campbell asserted that the gaskets described by the plaintiff would not have contained asbestos.

In …

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Johnson & Johnson Considers a Third Talc Bankruptcy to Avoid Further Litigation

With more than two dozen jury trials scheduled over the next year involving contaminated talc claims related to its ubiquitous baby powder, discussions are already at Johnson & Johnson to puts its talc unit, LTL Management, back into bankruptcy for a third time.

J&J’s worldwide vice president of its talc litigation, Erik Haas, revealed during an October 17 earnings call the company is considering using another bankruptcy in hopes of pushing forward with an estimated $8.9 billion settlement of the thousands of claims alleging that …

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Court Denies Motions in Limine Despite Finding Expert Report Disclosure Untimely

Court: United States District Court for the District of Montana, Great Falls Division

From 1923 to 1994, Burlington Northern Santa Fe Railway Company (BNSF) transported vermiculite ore containing amphibole asbestos from a mining and processing location in Libby, Montana. Subsequently, an accumulation of airborne asbestos resulted in and around the town where plaintiffs resided. Plaintiffs allege the defendant’s railyard in downtown Libby served as the hub of the company’s vermiculate business and that it transported crushed vermiculite ore in open rail cars along its “Libby …

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Court Denies Asbestos Committee’s Motion for Leave to Appeal Bankruptcy Court’s Denial Order Regarding George-Pacific

Court: United States District Court for the Western District of North Carolina, Charlotte Division

As previously reported here in the Asbestos Case Tracker, in 2017 Bestwall LLC became solely responsible for all asbestos-related liabilities of Georgia-Pacific LLC following a divisional merger. After the restructuring, Bestwall filed a voluntary petition for chapter 11 bankruptcy in the Western District of North Carolina to resolve asbestos-related claims against it by way of a trust under 524(g) of the Bankruptcy Code. The Bankruptcy Court subsequently approved the appointment of …

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