Real-Time Court Decisions and Other Developments in Asbestos Litigation.
NEW YORK — In 2014, decedent, Kimberlee Billok, was diagnosed with mesothelioma and died three months later at the age of 42. She claimed to have been exposed to Georgia-Pacific joint compound as an infant, and sued Union Carbide based upon it having supplied asbestos to Georgia-Pacific. Prior to trial in 2017, Union Carbide filed …
ILLINOIS — Senate Bill 1596 passed in the House on Thursday, March 14, and is expected to be signed by Governor J.B. Pritzker in short order. When Governor Pritzker signs the bill, it will take effect immediately. The measure will change provisions of the Illinois Workers’ Compensation Act and Workers’ Occupational Disease that had imposed …
In Shawnee D. Douglas v. Imerys Talc America, Inc., et al., Johnson & Johnson filed a motion to dismiss for improper venue, and in the alternative, motion to transfer. This involves a plaintiff alleging that she suffers from malignant peritoneal mesothelioma as a result of her exposure to asbestos from talc-based products. The lawsuit was …
WASHINGTON — The plaintiff Eric Klopman-Baerselman originally filed suit in state court on behalf of the plaintiff’s decedent Rudie Klopman-Baerselman, alleging that his exposure to asbestos-containing products manufactured, sold, or distributed by the defendants substantially contributed to his mesothelioma. The defendants subsequently removed the case to federal court. The allegations against the moving the defendant, …
CALIFORNIA — The plaintiff worked in the entertainment industry as a lighting technician for approximately 40 years, and alleged that asbestos exposure from plastic cement, construction and lighting products was a substantial factor in causing his lung cancer. Evidence showed that the plaintiff had a 37-50 pack year smoking history. After a four week trial, the …
CALIFORNIA — On March 13,the plaintiff Teresa Leavitt was awarded a $29.5 million dollar verdict by an Oakland jury, who found that Johnson & Johnson, J&J Consumer, Inc., and J&J’s supplier Cyprus Mines Corporation were liable for the plaintiff’s mesothelioma. The plaintiff alleged that her mother had used J&J’s asbestos-contaminated talc products on her as …
NORTH CAROLINA — The plaintiff filed suit against multiple defendants including Farmers Chemical and Storage (Farmers) and Schlage alleging he developed mesothelioma from his occupational exposure to asbestos. Specifically, he claimed he was exposed to asbestos while working as a plumber and pipefitter from 1965-1982 for the local union. Farmers and Schlage moved for summary …
OHIO –The plaintiff Donald MacLachlan brought suit against several defendants including American Optical (AO) alleging he developed mesothelioma as a result of exposure to asbestos while working at the Weirton Steel plant from 1971-2008. He was deposed in 2015 and also alleged exposure to steam turbines manufactured by General Electric. As for AO, The plaintiff …
VIRGINIA — The State of Virginia recently expanded the potential duty to warn owed for take-home asbestos exposures in the Quisenberry case. The plaintiff Wesley Quisenberry filed suit on behalf of his decedent mother, alleging that her exposure to asbestos while laundering her father’s clothes caused her mesothelioma. The plaintiff’s decedent’s father worked at a …
LOUISIANA — The plaintiff James Latiolas, filed suit in Louisiana State Court alleging asbestos exposure while working at the Avondale shipyard. The plaintiff only asserted a negligence claim against Avondale and Avondale removed the case on the basis of the federal officer defense. The plaintiff filed a motion to remand, which was granted. On appeal, …