Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Court: Supreme Court, St. Lawrence County Plaintiff Bishop filed suit in St. Lawrence County’s Supreme Court in December 2022, alleging environmental exposure to asbestos when she lived in the vicinity of Vanderbilt Minerals LLC’s talc mine in northern New York. Bishop lived in Balmat, less than a mile from the Vanderbilt mine, from 1964 to … Continued
Pamela Davis Lyles vs. K&B Louisiana Corporation, et al. In this asbestos action, plaintiff Pamela Davis Lyles alleges asbestos exposure from the daily use of Johnson & Johnson’s Baby Powder and Shower-To-Shower between 1969 and the 1990s. The plaintiff further claims to have ultimately developed peritoneal mesothelioma from the use of these talcum powder products. … Continued
Court: U.S. District Court for the Northern District of California Plaintiff Vernon Armstrong alleges he developed lung cancer from asbestos exposure during his Navy service, under claims for negligence, strict liability, maritime negligence, maritime strict liability, and contractor liability, as well as punitive damages for the defendant’s alleged willful and/or reckless failure to warn him … Continued
In October 2020, Corey G. Griffin was diagnosed with peritoneal mesothelioma. He alleged asbestos exposure from the use of talcum powder related to his employment from the late 1950s until the 2000s. During this time, the plaintiff worked as an artist, makeup specialist, designer, and stylist in New York City and abroad. He brought this … Continued
Jurisdiction: Superior Court of Connecticut, Judicial District of Bridgeport at Bridgeport Decedent Nicolas Barone was diagnosed with mesothelioma in May 2022. His surviving spouse, Kathryn Barone (plaintiff)brought suit in September 2023, following her husband’s death in June of that year. Plaintiff’s third amended complaint alleged the cause of plaintiff’s mesothelioma was asbestos exposure from talc supplied by … Continued
Court: Supreme Court of New York, New York County (NYCAL) In this asbestos action, defendant Burnham LLC moved for partial summary judgment to dismiss plaintiffs’ punitive damages claim. Specifically, Burnham argued that asbestos exposure from its boilers would fall below TLV or PEL/OSHA limits, and that it never received workers’ compensation claims for asbestos-related disease. … Continued
U.S. District Court for the Eastern District of Pennsylvania Plaintiff Leona Rhoades, on behalf of the estate of her husband, Dewey T. Rhoades, commenced this action against a variety of defendants, alleging that their products contained asbestos that contributed to her husband’s lung cancer and eventual passing. Mr. Rhoades had been employed as a mechanical … Continued
Supreme Court of New York, New York County In this asbestos action, defendant Burnham, LLC moved for partial summary judgment to dismiss the plaintiff’s punitive damages claim on the basis that any alleged asbestos exposure from Burnham boilers would fall below TLV or PEL/OSHA limits, and that Burnham did not have workers’ compensation claims for … Continued
U.S. District Court for the Eastern District of Louisiana In this asbestos action, plaintiff Michael Simoneaux initially filed suit against his former employers for alleged asbestos exposure. He later amended his complaint to include Mennen and Johnson & Johnson (hereinafter, “Talc Defendants”), asserting that from the 1960s until 2000 he consistently used Mennen Baby Magic … Continued
KEY TAKEAWAYS: Illinois Gov. J.B. Pritzker has signed into law HB 219 to allow punitive damages to be recoverable in wrongful death and survival actions. Punitive damages are now recoverable in wrongful death claims on cases filed on or after August 11, 2023, and punitive damages may be sought on existing cases on the effective … Continued