Asbestos Case Tracker

LATEST INSIGHTS

October 25, 2017 • Asbestos Case Tracker, Case Decisions, Remand/Removal

Defendant’s Third-Party Claims Remain Stayed in Federal Court While Plaintiff’s State Law Claims Remanded

MARYLAND — The plaintiff filed a complaint in the Circuit Court for Baltimore City, MD alleging state law claims arising from asbestos exposure against defendant/appellant Campbell-McCormick (CMC) and others. CMC subsequently filed a third-party complaint against GE and 12 other co-defendants for contribution. GE removed the case to the District of Maryland, asserting federal contractor defenses. …

October 23, 2017 • Asbestos Case Tracker, Case Decisions, Ohio, Summary Judgment

Plaintiff’s Incomplete Deposition Testimony Deemed Inadmissible; Summary Judgment Granted for Defendant

OHIO — The decedent, Donald French, filed suit as a result of his diagnosis of mesothelioma allegedly caused by occupational exposure from asbestos-containing products through his work at U.S. Steel in Dearborn, Michigan. French provided testimony as to his alleged exposures at a discovery deposition that lasted approximately 18 hours over three days. On the third …

October 20, 2017 • Appeal, Asbestos Case Tracker, California, Case Decisions

Talc Manufacturer’s Summary Judgment Reversed; Question of Fact as to Asbestos content of Product

CALIFORNIA — Plaintiff Mary Lyons appealed summary judgment entered against her on her product liability claim against defendant Colgate-Palmolive, which was based on the allegation that she developed mesothelioma from the use of Colgate’s Cashmere Bouquet cosmetic talcum powder. The plaintiff testified at her deposition that she regularly used Cashmere Bouquet after bathing from the …

October 18, 2017 • Asbestos Case Tracker, Missouri, Other Asbestos News

Reversal of $72 Million Ovarian Cancer/Talc Verdict on Jurisdiction May Lead to Fewer Asbestos Filings in Missouri

MISSOURI — In a case that could lead to fewer asbestos filings in Missouri, Johnson and Johnson successfully argued that the trial court lacked personal jurisdiction over it after a $72 million dollar plaintiff verdict in an ovarian cancer / talc case. Plaintiff Jacqueline Fox was one of 65 plaintiffs who filed suit against Johnson and …

October 17, 2017 • Asbestos Case Tracker, Case Decisions, Louisiana

Res Judicata Bars Plaintiff’s Mesothelioma Claim Against Prior Settled Defendant

LOUISIANA — The decedent filed an asbestosis lawsuit in 1991 against Owens-Illinois and other defendants. Owens-Illinois settled the claim for $4,000 as part of a group settlement. The Release Agreement stated that the decedent agreed to release the defendant from any cause of action arising out of the decedent’s asbestos-related injury, including mesothelioma, cancer, wrongful …

October 16, 2017 • Asbestos Case Tracker, Illinois, Other Asbestos News

Personal Jurisdiction Challenges Growing in Madison County; May Lead to Fewer Asbestos Filings

ILLINOIS — Continuing a national trend following the Bristol Myers Squibb Co. v. Supreme Court of California (2017) and Daimler AG v. Bauman (2014), the Supreme Court of Illinois has issued a personal jurisdiction opinion that will limit the ability of out-of-state plaintiffs to file suit in Illinois against “non-resident” or foreign defendants. In the …

October 16, 2017 • Asbestos Case Tracker, General

Joe Welter to Speak at Upcoming Talc Seminar

On Wednesday November 1, 2017, Joseph J. Welter, partner and chair of Goldberg Segalla’s Toxic Tort and Environmental Practice Group, will be speaking at Cardno ChemRisk’s Talc Seminar in Las Vegas. This half-day seminar will feature several topics, including: The mineralogy and epidemiology of cosmetic talc Historical perspectives on talc, along with its asbestos content and potential …

October 13, 2017 • Asbestos Case Tracker, Case Decisions, Minnesota, Remand/Removal

Remand Denied and Plaintiffs’ Mesothelioma Suit Dismissed Based on Lack of Personal Jurisdiction

MINNESOTA — In March 2016, the plaintiffs filed suit against multiple defendants, including Conwed Corporation, in Missouri Circuit Court in St. Louis alleging that the husband plaintiff’s mesothelioma was caused by exposure to the defendants’ asbestos-containing products, including Conwed’s ceiling tile. On January 19, 2017, the Missouri Circuit Court dismissed the plaintiffs’ complaint against Conwed …

October 6, 2017 • Asbestos Case Tracker, Case Decisions, New York

New York Appellate Court Affirms Nine Million Dollar Verdict in Duty to Warn Grinder Case

NEW YORK — The plaintiff filed suit against various defendants, including Hennessy Industries’ subsidiary, Ammco, alleging that the plaintiff’s use of Ammco’s grinder on asbestos-containing brake linings exposed him to asbestos. The plaintiff’s expert testimony was sufficient to establish exposure to asbestos via use of the grinder in sufficient quantities to cause the plaintiff’s mesothelioma. …

October 5, 2017 • Asbestos Case Tracker, Case Decisions, Missouri, Remand/Removal

Fraudulent Joinder Determination Turns Only on Factual and Legal Basis, Not Intent

MISSOURI — Kansas resident plaintiffs filed an action in the Circuit Court of Jackson County, Missouri, alleging mesothelioma and asbestosis arising out of work first performed in the state of Missouri. Two defendants named in the state court petition were also residents of Kansas, and the rest were from various states. Defendant Athene Annuity & …