Asbestos Case Tracker

LATEST INSIGHTS

July 25, 2018 • Asbestos Case Tracker, Pleadings Challenge, State>California

Plaintiff’s Failure to Assert Elements for Fraudulent Misrepresentation Leads to Dismissal for Friction Defendants

NORTH CAROLINA — The plaintiff filed suit against 62 defendants including Ford Motor (Ford) and Hennessey Industries (Hennessey) alleging he was injured as a result of exposure to the defendant’s asbestos containing products or equipment. Ford and Hennessey moved to dismiss the plaintiff’s claims for fraud and fraudulent misrepresentation arguing that the plaintiff failed to state …

July 24, 2018 • Asbestos Case Tracker, California, Case Decisions, State, State>California

Take Home Exposure Insufficient to Overcome Demurrer Based Upon Exclusivity Provision of Workers’ Compensation Act

CALIFORNIA — Plaintiffs, Allen and Pamela Rudolph, filed suit against Rudolph & Setten, Inc. (R&S), a general contracting company started by Allen Rudolph’s father, alleging that the plaintiff was exposed to asbestos as a child from take home exposure via his father, and also while employed by the company himself. R&S filed a demurrer to the …

July 24, 2018 • Asbestos Case Tracker, Case Decisions, Pennsylvania, Summary Judgment

PA Superior Court Affirms Entry of Summary Judgment for Three Friction Defendants

PENNSYLVANIA — The plaintiff, Sharon Gilbert, filed suit as the executive of the estate of her husband, Guy Gilbert, and in her own right, alleging decedent was exposed to asbestos while working as an auto mechanic at Alray Tire in Pittsburgh, PA from 1975 to 1985. The plaintiff alleged that such exposure caused decedent’s mesothelioma. …

July 24, 2018 • Asbestos Case Tracker, Case Decisions, Washington

Judgment on the Pleadings Upheld for Dissolved Washington Corporation

WASHINGTON — The plaintiffs allege that William Clayton developed mesothelioma after being exposed to asbestos during his military service. They sued numerous defendants, including Saberhagen Holdings, Inc. (Saberhagen), which was a Washington corporation that dissolved on August 22, 2013. Based on plaintiffs’ failure to file suit against Saberhagen within three years of dissolution, as required by …

July 23, 2018 • Asbestos Case Tracker, Other Asbestos News, Summary Judgment

Presence of Related Corporate Entities at Deposition Insufficient to Overcome Requirements of Notice and Opportunity to Cross-Examine

The decedent Jo Ann Shields worked for a carpet and tile store for six years in the 1970s, and alleged that exposure to vinyl asbestos tile caused her fatal mesothelioma. Among other exposures, she alleged that she was exposed to asbestos floor tile manufactured by National Floor Products Company, a now defunct entity that was …

July 16, 2018 • Asbestos Case Tracker, General

Asbestos Case Tracker Mid-Year Compendium 2018

With reported asbestos decisions continuing to rise, the need to keep informed on developments across the country is imperative. Goldberg Segalla’s Asbestos Case Tracker blog — ranked on the ABA Journal Blog 100 list of the best legal blogs — is the go-to resource for up-to-date asbestos decisions happening in courts throughout the United States. Our blog also reports …

July 13, 2018 • Asbestos Case Tracker, Missouri, Verdict

St. Louis Jury Renders $4.69 Billion Verdict Against Johnson & Johnson in Talc Trial

MISSOURI — On July 12, 2018, a St. Louis Circuit Court jury rendered a verdict against Johnson & Johnson in less than eight hours of deliberation following a six week trial involving 22 plaintiffs who alleged their ovarian cancer was caused by J&J talc products. The jury awarded $25 million to each plaintiff, for a …

July 12, 2018 • Asbestos Case Tracker, State>Delaware, Summary Judgment

Delaware Supreme Court Affirms No Excess Coverage in GM Asbestos Cases

DELAWARE — The Delaware Supreme Court affirmed that several excess policies issues to General Motors do not provide coverage for asbestos-related and environmental claims against the company. GM purchased primary coverage from Royal Insurance Company for more than 50 years ending in 1993. Royal handled asbestos claims made under the policies during that period. The …

July 11, 2018 • Asbestos Case Tracker, Other Asbestos News, State>Florida, Summary Judgment

Lack of Personal Jurisdiction over Talc Defendant Leads to Grant of Summary Judgment in Part

FLORIDA — The plaintiff Susan Stevenson maintained suit against several defendants including Imerys Tac America Inc. (Imerys) alleging that her decedent, Judith Minneci, had developed peritoneal mesothelioma as a result of exposure to asbestos contaminated talc and talcum powder. Specifically, the plaintiff alleged that the plaintiff used Johnson and Johnson baby powder from 1942-1985. Imerys …

July 10, 2018 • Asbestos Case Tracker, Case Decisions, New Jersey, Summary Judgment

$650,000 Verdict Vacated Based on Lack of Evidence That Cement Manufacturer Was “Exclusive Supplier” to Boiler Company

NEW JERSEY — The plaintiff’s Decedent William Condon and Plaintiff Debbie Condon originally filed suit in 2014 against 97 defendants, alleging that Decedent’s exposure to asbestos from their products caused his mesothelioma. On June 19, 2014, a Law Division judge denied Defendant Pecora Corporation’s motion for summary judgment. Of the defendants who settled with the …