Real-Time Court Decisions and Other Developments in Asbestos Litigation.
CALIFORNIA — On November 19, 2018, the California Court of Appeal affirmed judgment in favor of the defendants, California Water Service Company and San Jose Water Company (Water Companies), following a trial in which it was alleged that the plaintiff died from mesothelioma developed from cutting asbestos pipe while employed by Fairly Constructors. The Water …
PENNSYLVANIA — The Pennsylvania Superior Court, in an unpublished opinion, recently declined to extend the statute of limitations for workplace exposure claims brought by employees. Since the Tooey case was decided in 2013, Pennsylvania law has allowed employees to bring lawsuits against their employers if the diagnosis of an occupational disease occurred more than 300 …
CALIFORNIA — The plaintiff’s decedent’s second trial related to claims that Johnson & Johnson’s (J&J) talcum powder products caused her mesothelioma ended a mistrial on Thursday, November 15, 2018. The plaintiffs filed suit against fifteen companies in May of 2017, alleging that exposure to asbestos caused the thirty year old attorney to develop mesothelioma. The plaintiff’s …
In a brief opinion, a New York appellate court held that an insurance policy covered injuries arising out of operations performed during the policy period, and therefore was not limited to injuries that actually occurred during the policy period. This meant that coverage was triggered under the policy by claims arising from use of spray-on …
SOUTH CAROLINA — A federal court in South Carolina granted the summary judgment motion of defendant E.I. du Pont de Nemours and Company (DuPont) on the theory that DuPont was a statutory employer, and South Carolina Workers Compensation law provided the exclusive remedy for the plaintiff. For at least two years in the 1960s, decedent Jerry …
CALIFORNIA — On November 14, 2018, before the Honorable Timothy Canning, a Northern California state jury returned a defense verdict in favor of Johnson & Johnson (J&J). The jury found the defendant not liable for the plaintiff Carla Allen’s mesothelioma. The plaintiff initially filed suit earlier this year, pleading both negligence and strict liability causes …
The defendant John Crane (JCI) has been granted limited discovery of co-defendants to establish apportionment of fault. JCI’s request had been denied by the Special Master. However, JCI argued that the Case Management Order (CMO) placed it in an unfair position for trial. The CMO encouraged defendants to use depositions in asbestos litigation from other …
The plaintiff Donna Olson filed suit against the defendants Johnson and Johnson and Johnson and Johnson Consumer Inc. (defendants) alleging she developed pleural mesothelioma as a result of exposure to cosmetic talcum powder, including baby powder and Shower to Shower from 1953-2015. Additionally, the plaintiff claimed exposure from her mother’s application of the same. Ms. …
In nearly every asbestos trial, the plaintiffs’ experts will invariably compare asbestos exposure levels from defendants’ products to airborne concentrations of asbestos in the ambient air. The apparent purpose of such a comparison is to provide a bare semblance of quantitative rigor to otherwise unsupported causation opinions. However, such an argument depends in part on …
NEW JERSEY — The New Jersey Supreme Court will review whether a recent judgment reduced by allocation amongst 9 companies should be retried. The judgment was rendered in favor of a widow, Donna Rowe, whose husband died of mesothelioma. Mr. Rowe allegedly came into contact with asbestos products while repairing and installing heating equipment. Several …