Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Court: Superior Court of Pennsylvania In this asbestos appeal, appellant Sandra Pendergrass — the administratrix of the estate of decedent, Vernetta Merie Coe — appealed the Court of Common Pleas of Erie County Civil Division’s grant of summary judgment as to appellees, Ajax Magnethermic Corporation and The Electric Materials Company (TEMCO). Plaintiffs alleged that decedent … Continued
Court: United States Bankruptcy Appellate Panel for the Ninth Circuit Debtor Ben Nye Co. Inc., a manufacturer and distributer of theatrical makeup, filed for subchapter V bankruptcy in March 2024. Its proposed bar date order and subchapter V plan were each confirmed by the United States Bankruptcy Court for the Central District of California shortly … Continued
Jurisdiction: Court of Appeal of Louisiana, Fourth Circuit Mr. May died from Mesothelioma and the plaintiffs filed a wrongful death and survival action alleging the decedent was exposed to asbestos while working as a Stevedore between the mid-1960s and through the 1970s. One of the defendants sued was the decedent’s past employer, Louisiana Stevedores , … Continued
Jurisdiction: Supreme Court of New York, Appellate Division, First Department The Supreme Court of New York, New York County, on March 13, 2024, dismissed defendant Long Island Lighting Company from an asbestos action, finding that plaintiffs’ claims related to a mesothelioma diagnosis were barred by a prior settlement agreement and general release. Plaintiffs Lilian McLaughlin … Continued
Jurisdiction: Court of Appeals of Minnesota Appellant Westrock Minnesota Corporation f/k/a Waldorf Corporation (Waldorf), challenged the district court’s ruling, denying summary judgment on respondent’s asbestos-related claims. Appellant argued the asbestos related claims are barred by the exclusivity provision of the Workers’ Compensation Act (WCA), Minn. Stat. § 176.031. In 2023, respondent Allan N. Anderson Jr. was diagnosed with … Continued
Court: Supreme Court of New York, Appellate Division, First Department The Supreme Court of New York, Appellate Division, First Department earlier this week unanimously granted defendants Johnson & Johnson and LTL Management LLC’s — (J&J collectively) — appeal of its causation motion for summary judgment and dismissed the complaint against J&J in a reversal of … Continued
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 … Continued
Court of Appeal of Louisiana, Fourth Circuit In this action, the plaintiffs alleged decedent Vita Chenet had asbestos exposure from personal use of various talcum powder products, including Cashmere Bouquet, throughout her lifetime. As a result of this asbestos exposure, the plaintiffs further claimed Ms. Chenet developed malignant mesothelioma in October 2018 and passed away … Continued
Court: Superior Court of Pennsylvania Decedent Thomas Constantine was diagnosed with mesothelioma in December 2016. Mr. Constantine’s estate alleged that his mesothelioma was caused by exposure to asbestos during his employment as a draftsman and designer at Lenox Instrument Company between 1974 and 1981. During that time frame Lenox manufactured heat shields for Lightsource products, … Continued
Court: Supreme Court of New York, Appellate Division, First Department In September 2023, the trial court denied talc defendant Colgate-Palmolive Co.’s motion for summary judgment to dismiss the complaint against it. On appeal, the First Department unanimously reversed and granted Colgate’s motion. “When a foreign resident’s exposure to a toxin occurs in foreign states, New … Continued