Real-Time Court Decisions and Other Developments in Asbestos Litigation.
CALIFORNIA — In 2016, a Los Angeles jury ruled in favor of defendant Colgate-Palmolive Company (Colgate), and against Plaintiff Elizabeth Alfaro, who alleged that her mesothelioma was caused by exposure to asbestos from talcum powder products. The jury returned a verdict in favor of Colgate on the exposure claims; this verdict was affirmed on appeal. … Continued
NORTH CAROLINA — The plaintiff filed suit against 62 defendants including Ford Motor (Ford) and Hennessey Industries (Hennessey) alleging he was injured as a result of exposure to the defendant’s asbestos containing products or equipment. Ford and Hennessey moved to dismiss the plaintiff’s claims for fraud and fraudulent misrepresentation arguing that the plaintiff failed to state … Continued
CALIFORNIA — Plaintiffs, Allen and Pamela Rudolph, filed suit against Rudolph & Setten, Inc. (R&S), a general contracting company started by Allen Rudolph’s father, alleging that the plaintiff was exposed to asbestos as a child from take home exposure via his father, and also while employed by the company himself. R&S filed a demurrer to the … Continued
Three paint manufacturers who have been in a tug-of-war with several California counties regarding potential liability for lead paint resorted to a state balloting process to shift the potential exposure. The battle started to intensify earlier this year when the California Supreme Court declined to review a 2014 state appeals court ruling that held manufacturers … Continued
Widespread personal injury litigation based on exposure to Roundup, the widely-used pesticide produced by the Monsanto Company, is no longer a plaintiffs’ bar pipe-dream — it is close to becoming a reality. Hundreds of cases have been filed, mostly in St. Louis and San Francisco, and the first trial of such a matter will commence … Continued
Despite the miserable cold and wet April weather experienced by most of the eastern half of North America, April 2018 turned out to be the third warmest April on record, continuing a streak of 400 continuous months (33 years) where the monthly average temperature was above the 20th century average. Only April 2016 and April … Continued
CALIFORNIA — Sixty-eight year old Plaintiff Joanne Anderson sued Johnson & Johnson (J & J) and other defendants in state court in Los Angeles in 2017, alleging that her mesothelioma was caused in part by use of talcum powder that was contaminated with asbestos. On Wednesday, May 23, 2018, a California jury returned a $21.7 … Continued
CALIFORNIA — The plaintiffs Barbara and John Wittman asserted claims for negligence, strict liability, breach of warranty, and loss of consortium against Defendant Coty, Inc. (Coty) alleging that Barbara’s exposure to asbestos in Coty’s talcum powder resulted in her developing mesothelioma. Coty filed a motion for summary judgment, contending that Wittmans’ discovery responses and deposition testimony “demonstrated … Continued
Late last year, we reported on the looming environmental threat of the 2017 California wildfires. The threat has become reality with respect to two contaminants in particular: benzene and arsenic. As reconstruction moves forward in Northern California this year, real human health hazards created by the devastating fires are now present. Municipal officials in Fountaingrove, California … Continued
Last November, we brought your attention to litigation in federal court in California regarding the listing of glyphosate as a substance “known to the state to cause cancer.” Since then, there have been developments in both the originally reported federal court case and a state court case on the same subject. First, a refresher: glyphosate … Continued