Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Recently, KCIC posted their 2022 Mid-Year Asbestos Filings Update. This update is compiled using information collected through July 31st. This article illustrates some highlights from the update. Number of Asbestos-Related Lawsuits Decrease While Mesothelioma Filings Increase The number of asbestos-related lawsuits increased from 2020 (1,790) to 2021 (1,972). However, 2022 shows a decrease in the … Continued
On September 19, 2022, a panel of three judges for the Third Circuit heard oral argument in In re LTL Management LLC, Case No. 22-2003. Before the Court is Johnson & Johnson’s (J&J) use of Chapter 11 to resolve asbestos-related litigation. The appeal to the Third Circuit follows a ruling by the U.S. Bankruptcy Court for … Continued
Alameda County Superior Court Judge Jo-Lynne Q. Lee set a hearing on nationally recognized plaintiff’s firm Maune Raichle French Hartley & Mudd. LLC’s motion for protective order in a pending asbestos case in which the defendants’ experts wanted to perform genetic testing. The case is John Lohmann and Suzanne Lohmann v. Aaon, Inc., et al. … Continued
While trials and in person court conferences are starting to trickle in, some jurisdictions such as New York still managed to hold its position as a judicial hellhole in 2021. According to American Tort Reform Foundation 2021-22 Judicial Hellholes, California regained its position to the top of the judicial hellhole list. Following California, New York … Continued
The Asbestos Case Tracker has been following developing issues regarding hundreds of asbestos exposure cases involving plaintiffs who worked for W.R. Grace at the Libby, Montana mine and facilities. Recently, a Great Falls, Montana jury awarded $36.5 million dollars to Ralph Hutt, an Oregon man who worked at the Libby mine. Hutt’s matter is a … Continued
In July 2020, we reported on Iowa’s passage of legislation intended to significantly reduce or eliminate the over-naming of defendants in asbestos and silica litigation. Since then, three additional states have enacted similar legislation: West Virginia, North Dakota, and Tennessee. West Virginia On March 31, 2021, the West Virginia legislature passed House Bill 2495. The bill outlines … Continued
On Wednesday, December 29, 2021, the United States Environmental Protection Agency (EPA) published the draft scope of the “Risk Evaluation for Asbestos Part 2: Supplemental Evaluation Including Legacy Uses and Associated Disposals of Asbestos”. While more than 60 nations have comprehensive asbestos bans, the United States is undergoing a lengthy asbestos “risk evaluation”. As Part … Continued
Over the past six months, the Asbestos Case Tracker has reported on numerous summary judgment decisions throughout the country. The most active jurisdictions included New York, Pennsylvania, California, Texas, Illinois, Delaware, Mississippi and Washington. On review of the decisions we have discussed, Texas, Illinois, Mississippi, Washington and Pennsylvania appear to be the most defendant-friendly jurisdictions, … Continued
Johnson & Johnson currently has approximately 25,000 lawsuits pending against it related to its talc products, including talcum powder and baby powder Reports have circulated that Johnson & Johnson is considering a strategic plan to move its liabilities from talcum litigation related to baby powder and other products into a newly created business that would … Continued
At the beginning of the year, the Asbestos Case Tracker published its 2020 Year in Review 2021 Judiciary Outlook. As we have just passed the mid-year mark, the Asbestos Case Tracker seeks to update its readers as to the status of the courts and the outlook of the judiciary into the second half of 2021. … Continued