Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Court: United States District Court for the Middle District of Florida, Tampa Division In this asbestos action, defendants Atwood & Morrill Co. Inc. and Warren Pumps LLC filed a Daubert motion to exclude, or limit, certain causation testimony and opinions of plaintiff’s expert, David Zhang, MD. Plaintiff Arnold Edmonds served aboard the USS Saratoga from … Continued
Court: Supreme Court of New York, New York County (NYCAL) In this asbestos action, plaintiff Jennifer Peganis alleged take-home exposure to asbestos from laundering her husband’s work clothing. Defendant Donald Durham Company moved to dismiss the action on the basis that plaintiff failed to establish causation. Defendant Vanderbilt Minerals LLC jointed Durham’s motion to dismiss, … Continued
U.S. District Court for the Eastern District of Pennsylvania Plaintiff Leona Rhoades, on behalf of the estate of her husband, Dewey T. Rhoades, commenced this action against a variety of defendants, alleging that their products contained asbestos that contributed to her husband’s lung cancer and eventual passing. Mr. Rhoades had been employed as a mechanical … 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
Court: Supreme Court of South Carolina In this mesothelioma matter, the Supreme Court of South Carolina granted a writ of certiorari to review decisions of the South Carolina Court of Appeals affirming (1) the trial court’s denial of Scapa Waycross Inc.’s motion for judgment notwithstanding the verdict based on the insufficiency of the evidence as … Continued
Court: Court of Appeals of Texas, Fourteenth District, Houston In this asbestos action, a Texas Appellate Court reversed and remanded the grant of a no-evidence summary judgment motion as to defendant Howmet Aerospace Inc., f/k/a Arconic, Inc., f/k/a Alcoa, Inc. (“Alcoa”). The surviving husband and children of decedent Carolyn Burford asserted wrongful death and survival … Continued
Court: Superior Court of California, County of Los Angeles, Civil Division In this asbestos action, a California state court set aside a $107 million verdict against defendants Union Carbide Corp., Elementis Chemicals Inc. and E.F. Brady Inc. after findings of misconduct by jurors and plaintiff’s counsel. Plaintiff Joel Hernandezcueva filed suit against a number of … Continued
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 … Continued
U.S. District Court for the Eastern District of Pennsylvania The plaintiff’s decedent, Alfred Broderick, was allegedly diagnosed with asbestosis in March 2018, which he claimed was caused by exposure to asbestos. Mr. Broderick and his wife filed suit in the Philadelphia Court of Common Pleas in July 2018, and their case was removed to federal … Continued
Court: Supreme Court of New York, Erie County In this asbestos matter, plaintiffs claimed that decedent, Jeffrey Campise, was exposed to asbestos through consumer talcum powder products. Plaintiffs filed suit against a number of manufacturers of cosmetic-talc products, along with Whitaker, Clark & Daniels (WCD), as an alleged supplier of talc to the aforementioned manufacturers. WCD … Continued