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Asbestos Litigation Analysis / Washington
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Auto Parts Supplier’s Personal Jurisdiction Motion Denied

WASHINGTON – The plaintiff’s decedent, Rudie Klopman-Baerselman, was a merchant mariner, serving aboard several vessels while allegedly working with and around asbestos-containing products. The plaintiff additionally alleged that Klopman-Baerselman performed all maintenance and friction work on his vehicles for 30 years, and that he purchased asbestos-containing gaskets, brakes, and clutches from the Defendant, NAPA, contributing to his fatal mesothelioma. NAPA filed a motion to dismiss, and alleged that the court had no jurisdiction as NAPA lacked sufficient contacts with the State of Washington, since it …

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Maryland / Massachusetts
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More Asbestos Talc Cases Remanded to State Court

Consistent with the recent decisions of federal courts in Pennsylvania and California, district courts in Maryland and Massachusetts this week remanded the mesothelioma cases of Plaintiffs Carol Kerkhof and Lorraine O’Riorden to their respective state courts. Defendant Johnson & Johnson (J&J) had removed these actions to federal court, asserting that the pending bankruptcy of its sole talc supplier, Imerys Talc America, Inc., made the cases “related” to Imerys’s bankruptcy proceedings in federal court in Delaware. J&J filed an accompanying motion to transfer the venue …

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New Jersey / Pleadings Challenge
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Lack of Specific Personal Jurisdiction Leads to Dismissal of Alleged Successor to Joiner Contractor

NEW JERSEY – The plaintiff filed suit against multiple defendants alleging her decedent developed mesothelioma from exposure to asbestos containing products used or installed by the defendants including, RBC Sonic. It was alleged that Robert Fish was exposed to asbestos panels installed by a joiner contractor while working at the New York Shipbuilding and Drydock located in New Jersey in 1960. Sonic Industries, Inc. (Sonic) moved to dismiss the complaint for lack of specific personal jurisdiction.

The court stated that a plaintiff must “present a …

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New York / Punitive Damages
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New York City Asbestos Litigation Verdict Against Johnson & Johnson Includes $300 Million Punitive Damages Award

NEW YORK – Johnson & Johnson (J&J) was hit with a $300 million punitive damages award on May 31, 2019, after a jury found the company responsible for a woman’s development of mesothelioma after decades of use of J&J talc bath products. In Donna A. Olson v. Brenntag North America Inc., et al., the jury awarded the plaintiff, Donna Olson, and her husband, Robert Olson, with $25 million in compensatory damages, which brought the total verdict to $325 million. The lawsuit claimed …

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Louisiana / Remand/Removal
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Motion to Remand or Sever Claims Ruled Premature

LOUISIANA – In March 2017, the plaintiffs filed a lawsuit alleging that decedent, Wayne Knight, who developed mesothelioma as a result of exposure to asbestos while employed by Avondale Shipyard from 1967 to 1982. Avondale removed the case in October 2018, pursuant to the federal officer removal statute. The plaintiffs then filed a motion to sever claims and remand.

Pursuant to the federal officer removal statute, removal is proper if a defendant can establish four elements:

  1. That it is a person within the meaning of
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Pennsylvania / Remand/Removal
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Outcome of Instant Matter Would Not Impact Non-Party Talc Supplier’s Pending Bankruptcy Estate, Remand Ordered

PENNSYLVANIA – The defendant Johnson & Johnson (J&J), in a topic that has been extensively covered by the Asbestos Case Tracker, indicated in its notice of removal that this case is one of many in the United States which involve claims concerning personal injuries and deaths allegedly caused by J&J’s cosmetic talc. J&J’s motion further indicates that the “sole supplier” of the talc which the defendant used in its product, filed for bankruptcy under Chapter 11.

The plaintiffs’ complaint is similar to those filed by …

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Other Asbestos News / Washington
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Plaintiffs’ Post-Sale Failure-To-Warn Theory of Negligence Unpersuasive; Defendants’ Motions for Judgment as Matter of Law Granted

WASHINGTON – The instant matter arises from the decedent Patrick Jack’s alleged exposure to asbestos-containing products through his work as an automotive mechanic, a machinist in the Navy, and a machinist and inspector at the Puget Sound Naval Shipyard. Jack sued multiple companies, alleging that his exposure to asbestos caused him to develop mesothelioma. Jack passed away in October of 2017, and his wife and son proceeded as the plaintiffs. This case has previously been covered by the Asbestos Case Tracker.

The plaintiffs proceeded …

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Illinois / Other Asbestos News
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Exclusive Remedy Defense Eliminated in Illinois for Latent Injury Claims

ILLINOIS – In 2015, the Illinois Supreme Court held in Folta v. Ferro Engineering, 43 N.E. 3d 108 (2015), that the state’s Workers’ Compensation Act and Workers’ Occupational Disease Act was the exclusive remedy for state employees who contract mesothelioma, or another latent disease or injury. May 2019 in enacting Illinois SB 1596, the Illinois legislature revoked the Illinois Supreme Court’s ruling and amended the state’s Workers’ Compensation Act and Workers’ Occupational Disease Act to permit civil tort actions by employees against their employers …

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Appeal / Washington
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Application of Product Line Doctrine Imposes Liability Upon Successor in Interest of Asbestos Supplier

WASHINGTON – The plaintiff, Edward Leren, filed suit alleging that decedent Marvin Leren developed mesothelioma as a result of his employment with Z Brick Company from 1961-1981. It was alleged that Benson Chemical (Benson) supplied Z Brick with raw asbestos used in their decorative bricks. Leren poured the raw asbestos into hoppers to mix the ingredients used to make the bricks. The defendant at trial was Elementis, the successor to Harrisons and Crosfield Pacific, Inc. (HCP). HCP had previously acquired Benson. The jury returned a …

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New York / Other Asbestos News
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Substantial Justice is Driving Factor in Decision to Transfer Mesothelioma Case to Colorado

NEW YORK – The plaintiff, Carl Lanz, filed suit in New York against the defendants alleging he developed mesothelioma as a result of his occupational exposure to asbestos. Specifically, Carl Lanz alleged he had been exposed to asbestos while working as an electrician apprentice and electrician for the Public Service Company of Colorado from 1969 -2008. Carl Lanz had never been to New York despite having filed his complaint in New York.

General Electric and Union Carbide moved to dismiss the complaint on the basis …

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