Asbestos Case Tracker

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July 3, 2018 • Asbestos Case Tracker, Case Decisions, Damages, New Jersey, Other Asbestos News

Admission into Evidence of Testimony and Answers to Discovery of Settled Defendants Leads to New Trial Ordered on Issue of Apportionment

NEW JERSEY — Donna Rowe (plaintiff), individually and as executrix and executrix ad prosequendum of the estate of Ronald Rowe (Rowe), appealed an April 27, 2015 judgment of $304,152.70 plus prejudgment interest. The plaintiffs originally sued 27 defendants, alleging that exposure to asbestos from their products caused Rowe’s mesothelioma. Twelve defendants were granted summary judgment, …

July 3, 2018 • Asbestos Case Tracker, Case Decisions, Damages, New Jersey

$117 Million Verdict Upheld in Talc Case

NEW JERSEY — Superior Court Judge Ana C. Viscomi denied motions from Johnson & Johnson and Imerys Talc America, Inc. to set aside a $37 million verdict in compensatory damages and a combined $80 million verdict in punitive damages awarded earlier this year. On Wednesday, May 23, 2018, the court heard arguments on Imerys Talc …

June 29, 2018 • Asbestos Case Tracker, New York, Personal Jurisdiction

In-State Business Activities Unrelated to Asbestos Personal Injury Claims Ruled Insufficient to Confer Personal Jurisdiction

NEW YORK – Newly appointed NYCAL Asbestos Coordinating Judge Manuel Mendez continued the recent trend of New York trial level decisions dismissing claims for lack of personal jurisdiction following Bristol Myers Squibb Co. v. Supreme Court of California (2017) and Daimler AG v. Bauman (2014). In the matter of Irene Grabowski, as Personal Representative of …

June 29, 2018 • Asbestos Case Tracker, Insurance Coverage, New Jersey

Unavailability Exception in Asbestos Coverage Dispute Affirmed by New Jersey Supreme Court

NEW JERSEY — The decision involved questions about the insurance coverage available to defendant Honeywell International, Inc. (Honeywell), a New Jersey based corporation, for thousands of bodily-injury claims premised on exposure to brake and clutch pads (friction products) containing asbestos. The court first considered whether the law of New Jersey or Michigan (the headquarters location …

June 28, 2018 • Asbestos Case Tracker, State>Delaware, Summary Judgment, Take-Home Exposure

Delaware Take-Home Summary Judgment Reversed for Paper Manufacturers

DELAWARE — Decedent Dorothy Ramsey’s husband Robert Ramsey worked as a maintenance worker at Haveg Industries, Inc. from 1967 to 1992, and allegedly handled asbestos products manufactured by defendants Herty and Hollingsworth and Vose (together, the manufacturers) on a regular basis. The plaintiff alleged that Mrs. Ramsey developed her fatal lung cancer from regularly laundering …

June 26, 2018 • Asbestos Case Tracker, New York, Other Asbestos News, Remand/Removal

Defendant’s Joinder Denied; Parallel Suits Allowed in Federal and State Court

NEW YORK — On October 3, 2017, the plaintiffs filed two lawsuits in New York state court against two different groups of defendants. One lawsuit was filed against 83 defendants, not including Crane Co. (Crane), alleging that John Grimes developed mesothelioma as a result of exposure to defendants’ asbestos-containing products. At present, that matter remains …

June 25, 2018 • Asbestos Case Tracker, General, New York

Recent NYCAL Trends in the 2017 & 2018 Accelerated Clusters

The current state of asbestos litigation in New York City (NYCAL) continues to evolve as both the plaintiffs’ bar and defense bar deal with a revised Case Management Order (CMO) and judicial turnover. For a better understanding of the types of claims that are actually being litigated in NYCAL, and what firms are filing these …

June 25, 2018 • Asbestos Case Tracker, Federal Officer Removal, Illinois, Remand/Removal, State, State>Illinois

Concrete Factual Information Starts the 30-Day Removal Clock

ILLINOIS — In September 2016, the plaintiff was diagnosed with mesothelioma, and in September 2017, he filed suit against a defendant, and a number of other parties, alleging his illness was caused by exposure to asbestos. The plaintiff claimed that his exposure occurred between 1970 and 2004 while he was serving in the United States …

June 22, 2018 • Asbestos Case Tracker, Case Decisions, State>Illinois, Summary Judgment

Illinois Appellate Court Affirms Summary Judgment on Conspiracy Claims

ILLINOIS — The plaintiff, James Johnson, was diagnosed with asbestosis after working with insulation products in the construction industry, beginning in 1965. He filed suit against numerous defendants, and included a claim that Pneumo Abex LLC, Owens-Illinois, Inc., Metropolitan Life Insurance Company and Honeywell International, Inc. were involved in a civil conspiracy to conceal the …

June 20, 2018 • Asbestos Case Tracker, Case Decisions, Remand/Removal, State>Indiana

Remand Denied Upon Plaintiff’s Failure to Properly Disclaim Federal Officer Removal

ILLINOIS – The plaintiff Janice Reinbold filed suit against several defendants alleging her decedent, Gerald Reinbold, developed lung cancer from occupational exposure to asbestos while working as a shipfitter at the Puget Sound Naval Shipyard, amongst other sources. Defendant Crane Company (Crane) removed the case to federal court asserting Federal Officer Removal. The plaintiff moved …