Real-Time Court Decisions and Other Developments in Asbestos Litigation.
United States District Court for the Eastern District of Virginia, Newport News Division In the case of Pecos River Talc LLC v. Emory, plaintiff Pecos River Talc LLC (“Pecos River”) – a corporate entity formed as part of Johnson & Johnson’s restructuring to manage talc-related liabilities – brought a trade libel action against Drs. Theresa … Continued
Court: Superior Court of Connecticut, Judicial District of Bridgeport Plaintiff Jacob Russell Herman Sr. filed an action in the Superior Court of Connecticut as the surviving spouse and executor of the estate of the late Elaine Adelia Hickey Herman, following her death from mesothelioma. Plaintiff alleged the decedent’s mesothelioma was the result of take-home exposure … Continued
Last month, the New York State Assembly demurred from taking up a vote for the second time on the Packaging Reduction and Recycling Infrastructure Act (“PRRIA”). The PRRIA was designed to cause a restructuring of the life cycle of packaging within the state by fundamentally shifting the burden of handling packaging waste from municipalities and … Continued
New York Gov. Kathy Hochul announced June 25 that she is directing New York Power Authority to add at least one gigawatt of new nuclear power generation by building a zero-emission nuclear power plant somewhere in upstate New York. This announcement, four years after the 2021 closure of the Indian Point nuclear plant due to … Continued
Court: United States Court for the Middle District of North Carolina In this asbestos action, plaintiff Linwood W. Pierce alleged he was exposed to asbestos throughout his career as a welder and pipefitter from the mid-1960s to 2013. After plaintiff was diagnosed with mesothelioma in 2021, he filed a complaint asserting claims against various companies … Continued
Influenced by laws in existence in multiple states, including California, Colorado, Maine, Maryland, Minnesota, New Jersey, Oregon, and Washington, the New York State Legislature has examined in recent years extended producer responsibility (EPR) legislation intended to hold producers accountable for managing their packaging at the end of life. The Packaging Reduction and Recycling Infrastructure Act … Continued
Court: Civil District Court for the Parish of Orleans, State of Louisiana As previously reported HERE in the Asbestos Case Tracker, a Louisiana jury on May 7 returned a plaintiff’s verdict against talc manufacturer Johnson & Johnson and talc supplier Pecos River Talc LLC. During trial, plaintiffs argued that J&J’s baby powder product contained talc … Continued
Court: Superior Court of Pennsylvania In this asbestos appeal, appellant Sandra Pendergrass — the administratrix of the estate of decedent, Vernetta Merie Coe — appealed the Court of Common Pleas of Erie County Civil Division’s grant of summary judgment as to appellees, Ajax Magnethermic Corporation and The Electric Materials Company (TEMCO). Plaintiffs alleged that decedent … Continued
Court: Court of Appeals of North Carolina Decedent Tommy Lineberger was employed as a truck driver with defendants Carolina Freight Carriers Corp. and ABF Freight System Inc. from 1971 to 1999. In 2016, Mr. Lineberger was diagnosed with mesothelioma. In February 2018, he passed away. In May 2019, Mr. Lineberger’s widow — plaintiff Marcella Lineberger … Continued
Court: United States Bankruptcy Appellate Panel for the Ninth Circuit Debtor Ben Nye Co. Inc., a manufacturer and distributer of theatrical makeup, filed for subchapter V bankruptcy in March 2024. Its proposed bar date order and subchapter V plan were each confirmed by the United States Bankruptcy Court for the Central District of California shortly … Continued