Real-Time Court Decisions and Other Developments in Asbestos Litigation.
CALIFORNIA — Following a four-week trial, nonsuit was entered just prior to closing arguments in a talc mesothelioma trial venued in Los Angeles state court. At the conclusion of the plaintiffs’ case, Colgate-Palmolive moved for nonsuit, arguing that the plaintiffs had failed to present a prima facie case linking the use of Cashmere Bouquet talcum …
CALIFORNIA — A three judge appellate panel in California issued a writ of mandate requiring the trial court to vacate its prior order, and to grant oetitioner/olaintiff David Ellis’ motion for trial preference. The plaintiff alleged that he suffered from asbestos-related kidney cancer and pleural disease, and filed suit against numerous defendants in 2016. After having …
CALIFORNIA – The plaintiff Darryl Schilling (plaintiff), incarcerated at San Quentin State Prison, filed a civil rights action, pro se, asserting that his constitutional rights were violated under Section 1983 by the defendant California Prison Industry Authority (CALPIA) since it showed “knowing indifference” to the plaintiff’s health and safety in having him work at the …
CALIFORNIA — Beginning in 2009, several asbestos plaintiffs filed claims against the Associated Insulation of California (the Associated). The Associated ceased operating in 1974 and did not respond to the plaintiffs’ complaints. Two of the plaintiffs notified the Associated’s alleged insurer, Fireman’s Fund, of the lawsuits. However, Fireman’s Fund could not locate any policies issued …
CALIFORNIA — Westinghouse appealed the decision of the District Court for the Central District of California, which remanded the matter due to the lack of a colorable federal defense.The district court concluded that the asbestos insulation in a nuclear propulsion system was not military equipment and therefore Westinghouse failed to present a colorable military contractor …
CALIFORNIA — On November 19, 2018, the California Court of Appeal affirmed judgment in favor of the defendants, California Water Service Company and San Jose Water Company (Water Companies), following a trial in which it was alleged that the plaintiff died from mesothelioma developed from cutting asbestos pipe while employed by Fairly Constructors. The Water …
CALIFORNIA — On November 14, 2018, before the Honorable Timothy Canning, a Northern California state jury returned a defense verdict in favor of Johnson & Johnson (J&J). The jury found the defendant not liable for the plaintiff Carla Allen’s mesothelioma. The plaintiff initially filed suit earlier this year, pleading both negligence and strict liability causes …
CALIFORNIA — A mistrial was declared in a talc lawsuit filed against Johnson & Johnson in the Superior Court for Los Angeles, after a jury remained deadlocked following more than five days of deliberations. The plaintiff, Carolyn Weirick, alleges that she developed mesothelioma through the use of asbestos-contaminated talc, and sought at least $25 million …
CALIFORNIA — The plaintiff Gerald Hake was born in Kansas and allegedly exposed to asbestos from friction products from age 10 until age 19 while working at the family-owned Hake Standard Service Station. In 1962, he joined the Navy; he then moved to Washington state in 1966. He lived in that state until the present …
CALIFORNIA — A group of women filed suit against Johnson & Johnson in the Superior Court for the County of Los Angeles raising claims that the company violated various California codes by failing to warn consumers of exposure to asbestos and talc containing asbestiform fibers in Johnson and Johnson’s Baby Powder and Shower to Shower …