Real-Time Court Decisions and Other Developments in Asbestos Litigation.
U.S. Court of Appeals for the Third Circuit, September 15, 2021 W.R. Grace & Co. (Grace) operated an asbestos mining and processing facility in Montana from 1963 to 1990. After declaring Chapter 11 bankruptcy, Grace emerged and reorganized. Its reorganization plan included the establishment of an asbestos personal-injury trust, through which all asbestos-related personal injury …
Court of Appeal of California, Second Appellate District, Division Eight, September 13, 2021 This matter was brought on behalf of decedent Donald Vanni in 2014, alleging two causes of action for negligence and strict product liability against defendant Honeywell International, Inc. among others. The plaintiff alleged that the decedent was exposed to asbestos from owning …
U.S. District Court for the District of Maryland, September 10, 2021 In 2019, plaintiff Robert Murphy was diagnosed with mesothelioma. After being diagnosed, the plaintiff sued the defendants, claiming that his mesothelioma was caused by his exposure to asbestos at the Key Highway Shipyard where the plaintiff worked in 1973 and 1974. With respect to …
U.S. District Court for the District of South Carolina, Charleston Division, September 8, 2021 In this asbestos action, plaintiff Cynthia Warren commenced an action alleging that her husband, Bobby Warren, developed mesothelioma following exposure to asbestos from several defendants’ products, including Westinghouse. Pursuant to 28 U.S.C. §1446(a), Westinghouse filed a Notice of Removal on September …
U.S. District Court for the Southern District of Florida, August 31, 2021 Plaintiffs David and Dorothy Bateman commenced this lawsuit in Broward County, Florida, alleging that Mr. Bateman developed mesothelioma as a result of his exposure to asbestos-containing products while serving in the British Royal Navy from 1967 to 1975. The defendants filed a notice …
Court of Appeals of South Carolina, September 1, 2021 The plaintiffs filed this action against numerous defendants, including Fisher Controls International LLC and Crosby Valve, LLC, alleging that the husband plaintiff was exposed to asbestos emanating from the defendants’ products. The plaintiffs alleged, inter alia, that (1) the defendants were strictly liable for the harm …
U.S. District Court for the Northern District of California, September 3, 2021 Plaintiff John Rathbun was diagnosed with terminal mesothelioma on July 8, 2020, and on December 22, 2020, he and his wife filed suit in state court, asserting claims for negligence, strict liability, negligent misrepresentation, fraud by nondisclosure, and loss of consortium. On April …
Johnson & Johnson currently has approximately 25,000 lawsuits pending against it related to its talc products, including talcum powder and baby powder. Reports have circulated that Johnson & Johnson is considering a strategic plan to move its liabilities from talcum litigation related to baby powder and other products into a newly created business that would …
United States District Court for the Southern District of Florida, August 31, 2021 In this asbestos action, plaintiffs David and Dorothy Bateman commenced an action alleging that David Bateman developed mesothelioma after being exposed to asbestos from eleven defendants’ products, including Bigham Insulation & Supply Company, Inc., a Florida corporation with a principal place of …
Court of Appeal of California, First Appellate District, Division Five, September 2, 2021 In this asbestos action, decedent Michael Harris testified that he served as a hull maintenance technician on the U.S.S. San Jose from August 1973 until May 1974. During this time, he patrolled every part of the ship to check for fires and …