Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Court: United States District Court for the District of Montana, Great Falls Division From 1923 to 1994, Burlington Northern Santa Fe Railway Company (BNSF) transported vermiculite ore containing amphibole asbestos from a mining and processing location in Libby, Montana. Subsequently, an accumulation of airborne asbestos resulted in and around the town where plaintiffs resided. Plaintiffs allege …
Court: United States District Court for the Western District of North Carolina, Charlotte Division As previously reported here in the Asbestos Case Tracker, in 2017 Bestwall LLC became solely responsible for all asbestos-related liabilities of Georgia-Pacific LLC following a divisional merger. After the restructuring, Bestwall filed a voluntary petition for chapter 11 bankruptcy in the …
4th Circuit US District Court Plaintiff Patricia McElroy claimed asbestos exposure via talc-based beauty products from varying brands and asserted a cause of action based upon negligence and product liability, including inadequate design, formulation, breach of implied warranty, willful and wanton conduct, and failure to warn. The plaintiff alleged that defendant Colgate-Palmolive Company developed, manufactured, …
Court: United States District Court for the Eastern District of Pennsylvania Plaintiff’s decedent, Joseph Pine, served as a fireman aboard the USS Constellation from 1965-1967. After he died from mesothelioma a month after his diagnosis, his widow Lydia Pine (plaintiff) brought suit against defendant John Crane Inc. and a number of other asbestos manufacturers. As the final remaining …
Court: Supreme Court of New York, New York County Defendant Mannington Mills Inc. moved for renewal of its previously denied motion for summary judgment, arguing the New York Court of Appeals’ Nemeth decision has since changed the law regarding causation. Under New York law, a party may move for leave to renew a decision to …
Supreme Court of New York, New York County In this asbestos action, decedent Rudolf Horvath alleged that he was exposed to asbestos from Bondstrand pipes manufactured by the defendant, Ameron International. Ameron moved for summary judgment, arguing that its pipes could not have caused or contributed to the decedent’s injury. Ameron points to the decedent’s …
Court: Superior Court of California, County of Los Angeles In this action, defendant Vanderbilt Materials LLC moved for summary judgment of the plaintiffs’ claim that plaintiff Roberto Gonzalez was exposed to asbestos in the defendant’s talc. Ultimately, the court denied the motion. Under California law, “[a] defendant seeking summary judgment must conclusively negate a necessary …
Jurisdiction: Supreme Court of New York, New York County; October 5, 2023 Plaintiff filed a lawsuit alleging her asbestos-related disease was caused by her use of talcum powder products manufactured by, among others, Chanel. In the motion, Chanel moved to dismiss plaintiff’s punitive damages claim on the basis that Chanel did not exhibit the “level of …
Court: Supreme Court of New York, New York County Plaintiffs Michele Stuck and Jack Bannister, individually and as executors of the estate of Penelope Rigsby, brought an action against countless cosmetic manufacturers, including BATUS Holding Inc. Plaintiffs sued BATUS individually and as successor-in-interest to British American Cosmetics, Yardley Co., and Yardley of London Inc. On the other …
Court: Supreme Court of New York, New York County In this asbestos action, defendant Crosby moved for summary judgment on duty to warn and causation grounds. Plaintiff Joseph Deroy opposed the motion. Ultimately, the court denied the motion. The court first noted that “summary judgment is a drastic remedy and should only be granted if the …