Real-Time Court Decisions and Other Developments in Asbestos Litigation.
The ELM blog has covered several lawsuits filed over the past several years against major fossil fuel companies by plaintiffs seeking damages due to climate change caused by greenhouse gas emissions. The claims in these lawsuits have been based on not only common law principles such as public nuisance, but also state laws, including California’s … Continued
Court: Fairfield County, Connecticut Superior Court A Connecticut jury on Tuesday awarded a $15 million dollar plaintiff’s verdict against Johnson & Johnson and several subsidiaries. Plaintiff, Evan Plotkin, filed a lawsuit alleging he developed mesothelioma from his use of various brands of cosmetic talcum powders and talcum powder-based art supplies over the course of his … Continued
Court: Superior Court of Rhode Island, Providence In this asbestos action, plaintiffs claim decedent, Bonnie J. Bonito, developed mesothelioma from exposure to asbestos from laundering her late ex-husband’s work clothing (her ex-husband worked in construction during their marriage). In support of their position, plaintiffs provided expert reports authored by Dr. Richard Kradin, who provided an … Continued
The U.S. District Court for the Eastern District of Louisiana — in Ragusa v. Louisiana Insurance Guarantee Association (October 8) — weighed in whether the state’s LIGA statutes violated the Louisiana Supreme Court rule that a newly created statute of limitations must provide a “reasonable time for those affected” to assert their “vested rights.” More … Continued
Court: Supreme Court of New York, New York County (NYCAL) In this asbestos action, defendant Burnham LLC moved for partial summary judgment to dismiss plaintiffs’ punitive damages claim. Specifically, Burnham argued that asbestos exposure from its boilers would fall below TLV or PEL/OSHA limits, and that it never received workers’ compensation claims for asbestos-related disease. … Continued
Court: Supreme Court of New York, New York County (NYCAL) In this asbestos matter, decedent, Anna M. Buczynski, alleged exposure to asbestos from laundering the clothing of her former husband, Anthony Buczynski. From 1976 to 2000, Mr. Buczynski used caulking and glazing products manufactured by DAP Inc. in various homes he shared with Ms. Buczynski, … Continued
Court: Supreme Court of the State of New York, Appellate Division, First Judicial Department The Supreme Court of the State of New York, Appellate Division, First Judicial Department recently determined that a causation expert widely used by plaintiffs in talc litigation, Dr. Jacquline Moline, must identify the subjects of her talc causation studies. Johnson & … Continued
Jurisdiction: United States District Court for the Eastern District of Louisiana This case involves claims of asbestos exposure. Plaintiff Robert Stephen Sentilles initiated this action asserting negligence and strict liability claims against several defendants. Mr. Sentilles specifically claimed having asbestos exposure due to, among other things, working at various Navy shipyards involving insulation, asbestos blankets, … Continued
Jurisdiction: Supreme Court of New York, New York County On July 22, 2021, plaintiffs filed a complaint alleging asbestos exposure. Plaintiffs’ complaint specifically claims that asbestos exposure caused plaintiff Victoria Pawlowski to be diagnosed with peritoneal malignant mesothelioma after undergoing laparoscopic surgery, resulting in a nodule to be removed from her peritoneum. Defendants filed a … Continued
U.S. District Court for the Eastern District of Louisiana Plaintiff Robert Stephen Sentilles was diagnosed with mesothelioma in October 2020. He filed his suit asserting negligence and strict liability claims against several defendants, including Avondale. Plaintiff alleged his illness was the result of asbestos exposure from the 1950s to the 1980s. More specifically, he alleged … Continued