Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Court: Fourth Judicial District Court for Multnomah County, Oregon (Portland) On September 13, 2024, Oregon state court judge Katharine Von Ter Stegge granted defendant Johnson & Johnson’s motion to overturn a $260 million verdict and to hold a new trial. By way of background, in June 2024 a jury awarded plaintiff Kyung Lee $200 million …
Jurisdiction: United States District Court for the Middle District of Louisiana Plaintiffs Claudette Washington Skidmore and Courtney Skidmore Williams brought claims against several defendants after the death of their husband and father, Kurt Lawrence Skidmore. Plaintiffs’ claims relate to defendants’ “mining, processing, manufacturing, installation, maintenance, sale, distribution, and/or use of asbestos and asbestos-containing products”. Plaintiffs …
Jurisdiction: United States District Court for the Eastern District of Louisiana Plaintiff Irma Lee LaGrange filed a motion in this asbestos action seeking the court to decline supplemental jurisdiction and remand to state court. Defendants Huntington Ingalls Inc. (Avondale), Hopeman Brothers Inc. and other defendants opposed the motion to which LaGrange filed a reply. LaGrange …
Superior Court of Delaware, New Castle In the asbestos action Burhenn v. Celotex Asbestos Settlement Trust, the court granted defendant Celotex’s motion to dismiss on the grounds that the complaint was untimely filed. In 1990, the Celotex filed for bankruptcy. Subsequently, a settlement trust was created to pay claims of persons who had pending asbestos …
Court: Supreme Court of New York, Albany County Plaintiff Warren Stouch brought this asbestos action in February 2020, claiming he was exposed to asbestos at his jobs, including through the use and wear of asbestos containing gloves allegedly manufactured by Magid Glove. Discovery was exchanged and, importantly, Mr. Stouch was deposed. He testified he …
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 …
Court: Circuit Court of South Carolina, Fifth Judicial Circuit A South Carolina jury Aug. 16 returned a $64.4 million plaintiff’s verdict against product manufacturer Johnson & Johnson and supplier American International Industries. Plaintiff Michael L. Perry filed a lawsuit against numerous defendants, alleging that he developed mesothelioma from exposure to asbestos through his personal use …
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, …
Court: Supreme Court of New York County (NYCAL) In this asbestos action, defendant Burnham Holdings Inc. moved to dismiss the complaint against it on personal jurisdiction grounds. Specifically, BHI asserted that it is a holding company that was incorporated in Delaware with a principal place of business in Pennsylvania. BHI further argued that as a …
Jurisdiction: Supreme Court of New York, New York County This action arises out of plaintiff Hydraulic IP Holdings LLC’s attempt to enforce a judgment entered against non-party Grace Apparel LLC. Plaintiff’s complaint alleges that the operation of Grace ceased, and assets were transferred to continue operation through successor entities, defendants GBrands Holding LLC and CC …