Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Supreme Court of the State of New York, New York County, October 11, 2022 In this asbestos action, the plaintiff Gloria Maryn alleged exposure to asbestos from laundering the clothes of her son, Victor Arana. Mr. Arana worked as a plumber’s apprentice for the New York Plumbers Association from 2000 to 2014. One product that …
Supreme Court of New York, Erie County, October 6, 2022 In this asbestos action, Plaintiff Joseph Skrzynski alleged that he developed malignant mesothelioma as a result of occupational exposure to asbestos from brakes and clutches manufactured by Ford. Ford moved for summary judgment on several grounds. First, the court determined that Ford did not meet …
Supreme Court of New York, New York County, September 22, 2022 In this NYCAL action, Decedent Maryann Purser (“Decedent”) alleged that she developed pleural mesothelioma through the use of Cashmere Bouquet talcum powder. Colgate moved for summary judgment, arguing that neither the general nor specific causation standards of Parker v. Mobil Oil Corp. were met here. Further, Colgate …
United States Bankruptcy Court for the District of New Jersey, October 4, 2022 The Asbestos Case Tracker has followed every step in Johnson & Johnson’s bankruptcy case. Recently, Plaintiff LTL Management (“Debtor”) moved to enjoin certain “State Actions” by New Mexico and Mississippi on a preliminary basis, as well as sought a temporary restraining order pending a final hearing. These …
Court of Appeals of Oregon, October 5, 2022 Plaintiffs Donald Miller and Linda Miller filed a lawsuit to recover damages for injuries Donald allegedly sustained as a result of exposure to asbestos-containing products during his lifetime. At the time of trial, Kaiser Gypsum Company was the only remaining defendant. As to Kaiser Gypsum, Plaintiffs alleged that Donald …
On September 19, 2022, a panel of three judges for the Third Circuit heard oral argument in In re LTL Management LLC, Case No. 22-2003. Before the Court is Johnson & Johnson’s (J&J) use of Chapter 11 to resolve asbestos-related litigation. The appeal to the Third Circuit follows a ruling by the U.S. Bankruptcy Court for …
United States District Court for the Eastern District of Louisiana, September 23, 2022 In April 2020, Paul Hotard (“decedent”) received a mesothelioma diagnosis despite never handling or working with asbestos-containing materials while employed at the Avondale Shipyards. While employed, decedent’s duties consisted of handing pipe to the pipefitters and tacking pipe together for a welder to …
Court of Appeal of Louisiana, Fourth Circuit, September 28, 2022 In this asbestos action, John Brindell (“Brindell”) allegedly contracted mesothelioma as a result of working as a mechanic for Puerto Rico Marine Management, Inc. (“PRMMI”) at the Port of New Orleans. Brindell’s surviving spouse and children (“Plaintiffs”) asserted a wrongful death and survival action against …
United States District Court for the Eastern District of Louisiana, September 29, 2022 The Callen Cortez (“Plaintiff”) matter has been previously reported by the Asbestos Case Tracker. At current issue is the plaintiff’s motion in limine to exclude the testimony of Dr. Samuel Forman, a former Navy officer and occupational medicine specialist, as his testimony would lack relevancy …
United States District Court of the District of Nevada, September 19, 2022 The plaintiff commenced this action in early 2020 by filing his Complaint against 13 defendants. He suffers from mesothelioma and alleged exposure through his father, James Potter. James Potter served in the United States Air Force as an aircraft mechanic. He routinely worked on aircraft engines …