Real-Time Court Decisions and Other Developments in Asbestos Litigation.
NEW JERSEY — A New Jersey State case, Thomasenia L. Fowler v. Akzo Nobel Chemicals, Inc., et al., No. MID-L-4820-11AS (N.J. Super. Ct., Middlesex Cty.), which was previously covered by ACT, has ended in a plaintiff’s verdict against a raw fiber supplier. On January 22, a Middlesex County jury returned a $2.38 Million dollar verdict …
CALIFORNIA — Following a four-week trial, nonsuit was entered just prior to closing arguments in a talc mesothelioma trial venued in Los Angeles state court. At the conclusion of the plaintiffs’ case, Colgate-Palmolive moved for nonsuit, arguing that the plaintiffs had failed to present a prima facie case linking the use of Cashmere Bouquet talcum …
MISSISSIPPI — Detroit Diesel Corporation moved to dismiss certain claims filed against them by the plaintiffs, who alleged that William Dickens developed mesothelioma following exposure to Detroit Diesel engines from 1980 to 2010. The motion to dismiss was unopposed. Detroit Diesel moved to dismiss four alternative theories of liability not recognized under Mississippi law: enterprise …
PENNSYLVANIA – The plaintiff Charles Brandt (plaintiff), on behalf of the decedent Sally Brandt (decedent), commenced an asbestos-related action against, among other defendants, Colgate-Palmolive Company (Colgate), alleging that the decedent’s use of Colgate’s Cashmere Bouquet talcum powder exposed the decedent to asbestos, resulting in her mesothelioma diagnosis. Following a Frye hearing, the Philadelphia County Court …
LOUISIANA — The plaintiff James Sizemore filed suit in Louisiana State Court against multiple defendants, alleging that his diagnosis of mesothelioma was caused by exposure to asbestos while working as a welder, pipefitter, and boilermaker at numerous industrial facilities. The plaintiff’s alleged exposure to certain defendants products occurred exclusively in South Carolina, and those defendants …
With 2019 now in its second month, there are a number of imminent developments on which members of the asbestos bar should keep an eye. While this post will primarily focus on litigation in Philadelphia and Pennsylvania, it touches on one national topic as well. The following is a summary of four important pending events: …
LOUISIANA — The plaintiff filed suit against multiple defendants alleging he developed mesothelioma while working for Radcliff Materials, a predecessor of Dravo Basic Materials Company (DBMC). Prior to filing suit in Louisiana, The plaintiff had filed a products liability suit against several defendants in California including DBMC. The plaintiff dismissed DBMC from the California suit …
DELAWARE — Following up on a prior ACT post, where a Delaware jury returned a verdict of over $40 Million in favor of the widow of a deceased auto mechanic, defendant, who was attributed a liability share of 20 percent, filed a renewed motion for judgment as a matter of law under Rule 50(b) and …
NEW YORK — New York City Asbestos Litigation Coordinating Judge Manuel J. Mendez has granted a causation based summary Judgment motion to defendant, American Biltrite, Inc. (ABI). With respect to ABI, the plaintiff, Thomas Mantovi, alleged exposure from Amtico from vinyl asbestos floor tile that he encountered as a bystander while performing inspections as an …
ARKANSAS — An Arkansas jury awarded plaintiff Ronald Thomas $18.5 million after a three week trial against Honeywell International, successor-in-interest to Bendix. However, prior to the verdict Honeywell and the plaintiff agreed to settle claims for an undisclosed amount. The plaintiff alleged that he developed mesothelioma in part due to his work at a brake …