LATEST INSIGHTS

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Motion for Reconsideration / Summary Judgment
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Flooring Defendant Denied Renewal of Two Previous Summary Judgment Decisions

Supreme Court of New York, New York County

In two asbestos actions (Avakian and Layton), defendant Mannington Mills moved to renew its summary judgment motion. Mannington contends that there was a subsequent change in the law that necessitates reversal of the court’s previous denial of two summary judgment motions. Mannington argues that the plaintiff’s expert failed to quantify the respective plaintiff’s asbestos exposure. Mannington also argues that the court failed to require the expert to set forth a specific quantification of the amount …

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Causation / Expert Opinion / New Jersey / Talc
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NJ Appellate Court Reverses $223.8 Million J&J Talc Verdict on Causation Grounds

Court: The Superior Court of New Jersey, Appellate Division

Johnson & Johnson has successfully appealed a $223.8 million judgment against it following a trial involving allegations of asbestos-contaminated talcum powder in 2020.

Four plaintiffs filed suit against J&J alleging that certain talcum powder products manufactured by J&J and used by plaintiffs were contaminated with asbestos and caused plaintiffs to develop mesothelioma. In February 2019, the trial court consolidated the four cases, and the consolidated trial commenced in June 2019. Over the course of the trial, …

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Louisiana / Summary Judgment
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Summary Judgment Denied as to Cloth and Boiler Manufacturers in Robichaux Mesothelioma Matter

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

In ACT’s continuing coverage of the Robichaux mesothelioma matter pending in the United States District Court for the Eastern District of Louisiana, reported most recently here, before the court were two motions for summary judgment: one filed by defendant Uniroyal Holdings Incorporated and another filed by defendant Foster Wheeler LLC.

First, regarding Uniroyal, plaintiffs provided evidence showing that Uniroyal cloth was regularly and frequently used by and around insulators working at Avondale Shipyard …

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Asbestos Litigation Analysis
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Hawaii Court Grants Motion to Compel Genetic Testing in Asbestos Lawsuit

On August 30, 2023, a Hawaii court ruled on 3M’s motion to compel blood sampling for the purposes of genetic testing in an asbestos matter. Hawaii First Circuit Judge James H. Ashford granted 3M’s motion in the McCabe v. 3M Co., et al matter.

Plaintiff Randolph McCabe filed suit in Hawaii’s First District in October 2022.  McCabe worked as a warehouse employee for Acuron and Associated Insulation Co. from the early-to-mid 1980s. He alleged that although he occasionally wore respirators (including 3M’s 8710 model) he …

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California / Federal Officer Removal
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Plaintiff’s Motion to Remand Case Removed under Federal Officer Removal Statute Denied

In this asbestos action, plaintiff Michael Marcus alleged that he developed mesothelioma from working with or around asbestos-containing products while serving in the United States Navy. The plaintiff brought claims of design defect and failure to warn against numerous defendants. Defendant Greene Tweed removed this case to federal court under the federal officer removal statute. The plaintiffs moved to remand the case to state court.

Under the federal officer removal statute, doubt is construed in favor of removal. A state court case may be removed …

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Louisiana / Motions in Limine
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Shipyard Defendant Receives Split Rulings on Motions in Robichaux Mesothelioma Matter

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

In ACT’s continuing coverage of the Robichaux mesothelioma matter pending in the United States District Court for the Eastern District of Louisiana — reported most recently here — before the court were two motions in limine, one filed by plaintiff and one by defendant, Avondale.

First, plaintiffs moved to exclude factual testimony provided by Avondale’s witness Danny Joyce. Plaintiffs argue that Joyce’s testimony was not based on personal knowledge and, as such, Joyce …

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New York / Summary Judgment
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HVAC Defendant Summary Judgment Motion on Causation Grounds Denied

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

In this asbestos action, defendant SPX Cooling Technologies Inc., individually and as successor to Marley Cooling Technologies Inc., moved for summary judgment, arguing that plaintiffs failed to establish causation, and that defendant established a prima facie case for a lack thereof under Nemeth.

In its decision denying the motion, the court noted that Marley misstated plaintiff’s burden, as the standard set forth in Nemeth “represent[ed] an extraordinary post-trial remedy to set aside a jury …

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New York / Summary Judgment
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Valve Defendant Summary Judgment Motion Denied

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

In this asbestos action, defendant Crosby Valve LLC moved to dismiss the action, alleging that plaintiff, John Holland was not exposed to asbestos from any Crosby product. In opposition, plaintiffs highlighted Holland’s deposition testimony, which identified Crosby as a manufacturer. Plaintiffs also pointed to the purported lack of personal knowledge in Crosby’s supporting affidavit and the testimony of Crosby’s corporate affidavit, which confirmed asbestos-containing Crosby products.

Summary judgment motions are denied if the opposing party …

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Louisiana / Motions in Limine / Summary Judgment
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Defendants Unsuccessful On Motions to Preclude Experts and Summary Judgment

United States District Court for the Eastern District of Louisiana

In ACT’s continuing coverage of the Robichaux matter, Felton Robichaux filed suit in Civil District Court for the Parish of Orleans against a number of defendants alleging he was exposed to asbestos from products he worked with as an insulator and carpenter at Avondale Shipyard from 1961 to 1979.

In addition to his own employment at Avondale Shipyard, plaintiffs allege Robichaux was also secondarily exposed through contact with his brother, Junior Robichaux, who worked at …

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California / Discovery / Summary Judgment
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Court Issues Final Orders Regarding Various Motions of Automotive Defendants

Jurisdiction: Superior Court of California, County of Los Angeles

Defendants Mercedes-Benz USA LLC, Morse Tec LLC, and American Honda Motor Co. Inc. filed various motions for summary judgment, or in the alternative summary adjudication, against the plaintiff Samson Bareh’s claims that he was exposed to asbestos from their products. In addition, the defendant, Volkswagen Group of America Inc., filed a motion to compel discovery.

Mercedes-Benz filed a motion for summary adjudication of the strict liability, negligence, and fraud causes of action, as well as the …

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