Real-Time Court Decisions and Other Developments in Asbestos Litigation.
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 …
Jurisdiction: Superior Court of California, County of Los Angeles Defendants Mercedes-Benz USA LLC, Morse Tec LLC, and American Honda Motor Co. Inc. filed various motions for summary judgment, or in the alternative summary adjudication, against the plaintiff Samson Bareh’s claims that he was exposed to asbestos from their products. In addition, the defendant, Volkswagen Group …
Jurisdiction: Superior Court of California, County of Los Angeles In this asbestos action, three defendants filed motions for summary judgment, and in some cases, in the alternative, motions for summary adjudication, against plaintiff Ronald Carpenter’s claims that he was exposed to asbestos from their products. First, defendant ZF Active Safety US Inc. argued that plaintiffs had …
Jurisdiction: Supreme Court of New York, New York County In this asbestos action, plaintiffs seek to join the Munna and LaMonica cases for joint trial. First, the court noted that the NYCAL CMO provides that two cases may be joined for joint trial if the plaintiffs can meet the Malcolm factors. However, the plaintiffs do …
Jurisdiction: United States District Court for the Southern District of New York; September 18, 2023 Plaintiff Ann Greenberg’s asbestos-related lawsuit against defendants Johnson & Johnson and Kolmar Laboratories asserts that she contracted an asbestos-related disease from her use of Johnson’s Baby Powder, which she alleged contained asbestos-contaminated talc. Johnson & Johnson filed a motion to …