Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Supreme Court of New York, New York County In three asbestos actions (Learmond, Nale, and Torio), a caulk defendant moved for summary judgment, arguing that the respective plaintiffs’ claims regarding the asbestos content of the caulk and that the plaintiffs failed to meet the causation standard. In opposition, plaintiffs contend that the defendant failed to …
Supreme Court of New York, New York County In two asbestos actions (Avakian and Layton), defendant Mannington Mills moved to renew its summary judgment motion. Mannington contends that there was a subsequent change in the law that necessitates reversal of the court’s previous denial of two summary judgment motions. Mannington argues that the plaintiff’s expert …
Court: The Superior Court of New Jersey, Appellate Division Johnson & Johnson has successfully appealed a $223.8 million judgment against it following a trial involving allegations of asbestos-contaminated talcum powder in 2020. Four plaintiffs filed suit against J&J alleging that certain talcum powder products manufactured by J&J and used by plaintiffs were contaminated with asbestos …
Court: United States District Court for the Eastern District of Louisiana In ACT’s continuing coverage of the Robichaux mesothelioma matter pending in the United States District Court for the Eastern District of Louisiana, reported most recently here, before the court were two motions for summary judgment: one filed by defendant Uniroyal Holdings Incorporated and another …
On August 30, 2023, a Hawaii court ruled on 3M’s motion to compel blood sampling for the purposes of genetic testing in an asbestos matter. Hawaii First Circuit Judge James H. Ashford granted 3M’s motion in the McCabe v. 3M Co., et al matter. Plaintiff Randolph McCabe filed suit in Hawaii’s First District in October …
In this asbestos action, plaintiff Michael Marcus alleged that he developed mesothelioma from working with or around asbestos-containing products while serving in the United States Navy. The plaintiff brought claims of design defect and failure to warn against numerous defendants. Defendant Greene Tweed removed this case to federal court under the federal officer removal statute. …
Court: United States District Court for the Eastern District of Louisiana In ACT’s continuing coverage of the Robichaux mesothelioma matter pending in the United States District Court for the Eastern District of Louisiana — reported most recently here — before the court were two motions in limine, one filed by plaintiff and one by defendant, …
Court: Supreme Court of New York, New York County (NYCAL) In this asbestos action, defendant SPX Cooling Technologies Inc., individually and as successor to Marley Cooling Technologies Inc., moved for summary judgment, arguing that plaintiffs failed to establish causation, and that defendant established a prima facie case for a lack thereof under Nemeth. In its …
Court: Supreme Court of New York, New York County (NYCAL) In this asbestos action, defendant Crosby Valve LLC moved to dismiss the action, alleging that plaintiff, John Holland was not exposed to asbestos from any Crosby product. In opposition, plaintiffs highlighted Holland’s deposition testimony, which identified Crosby as a manufacturer. Plaintiffs also pointed to the …
United States District Court for the Eastern District of Louisiana In ACT’s continuing coverage of the Robichaux matter, Felton Robichaux filed suit in Civil District Court for the Parish of Orleans against a number of defendants alleging he was exposed to asbestos from products he worked with as an insulator and carpenter at Avondale Shipyard …