State

Category: State

February 11, 2019 • Asbestos Case Tracker, Expert Challenges, Pennsylvania, Summary Judgment

Preclusion of Plaintiff Experts Leads to Defense Win in First Philly Talc Trial

PENNSYLVANIA – The plaintiff Charles Brandt (plaintiff), on behalf of the decedent Sally Brandt (decedent), commenced an asbestos-related action against, among other defendants, Colgate-Palmolive Company (Colgate), alleging that the decedent’s use of Colgate’s Cashmere Bouquet talcum powder exposed the decedent to asbestos, resulting in her mesothelioma diagnosis. Following a Frye hearing, the Philadelphia County Court …

February 8, 2019 • Asbestos Case Tracker, Louisiana, Summary Judgment

Trial Court Did Not Abuse Discretion in Granting Plaintiff’s Motion to Dismiss Without Prejudice Prior to Ruling on Defendant’s Summary Judgment

LOUISIANA — The plaintiff James Sizemore filed suit in Louisiana State Court against multiple defendants, alleging that his diagnosis of mesothelioma was caused by exposure to asbestos while working as a welder, pipefitter, and boilermaker at numerous industrial facilities. The plaintiff’s alleged exposure to certain defendants products occurred exclusively in South Carolina, and those defendants …

February 6, 2019 • Asbestos Case Tracker, Expert Challenges, Louisiana, Maritime/Admiralty Law, Summary Judgment

Exclusion of the Plaintiff’s Causation Experts Leads to Grant of Summary Judgment in Merchant Marine Mesothelioma Matter

LOUISIANA — The plaintiff filed suit against multiple defendants alleging he developed mesothelioma while working for Radcliff Materials, a predecessor of Dravo Basic Materials Company (DBMC). Prior to filing suit in Louisiana, The plaintiff had filed a products liability suit against several defendants in California including DBMC. The plaintiff dismissed DBMC from the California suit …

February 4, 2019 • Asbestos Case Tracker, Case Decisions, Delaware, State, State>Delaware

Delaware Court Upholds Jury Verdict in Favor of Auto Mechanic

DELAWARE — Following up on a prior ACT post, where a Delaware jury returned a verdict of over $40 Million in favor of the widow of a deceased auto mechanic, defendant, who was attributed a liability share of 20 percent, filed a renewed motion for judgment as a matter of law under Rule 50(b) and …

February 1, 2019 • Asbestos Case Tracker, Expert Challenges, New York, Summary Judgment

New NYCAL Coordinating Judge Grants First Causation-Based Summary Judgment

NEW YORK — New York City Asbestos Litigation Coordinating Judge Manuel J. Mendez has granted a causation based summary Judgment motion to defendant, American Biltrite, Inc. (ABI). With respect to ABI, the plaintiff, Thomas Mantovi, alleged exposure from Amtico from vinyl asbestos floor tile that he encountered as a bystander while performing inspections as an …

February 1, 2019 • Asbestos Case Tracker, California, Other Asbestos News, State, State>California

Trial Preference Granted on Appeal for Kidney Cancer Plaintiff

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 …

January 24, 2019 • Asbestos Case Tracker, New Jersey, Other Asbestos News

New Jersey Supreme Court Agrees to Review Duty to Warn Ruling

NEW JERSEY — In Arthur G. Whelan v. Armstrong International Inc. et al, various defendants convinced the New Jersey Supreme Court to review a ruling that manufacturers may be held liable for failure to warn about the risks of asbestos-containing components or replacement parts in their products even if they did not build or distribute the …

January 18, 2019 • Asbestos Case Tracker, Pennsylvania, Personal Jurisdiction, Remand/Removal

In Talc case, Motion to Dismiss Denied Based on Business Registration; Case Not Remanded to State Court

PENNSYLVANIA -The plaintiffs filed suit in the Philadelphia Court of Common Pleas against Imerys and Johnson & Johnson, alleging that the plaintiff Carrie Youse’s use of cosmetic talcum powder caused her to develop mesothelioma. Imerys filed a notice of removal, including within the notice J&J’s consent. Soon thereafter, Imerys filed a Motion to Dismiss for …

January 14, 2019 • Asbestos Case Tracker, California, State, State>California

California Immune from Asbestos Exposure Civil Rights Claim by Prisoner-Employee

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 …

January 11, 2019 • Asbestos Case Tracker, Remand/Removal, Rhode Island

Motion to Remand Turbine Manufacturer’s Removal Denied Due to Statements in Settlement Demand Letter

RHODE ISLAND — The plaintiff filed suit on behalf of her husband, Michael Mannix, alleging that his death was caused by exposure to asbestos. She sued CBS, among other defendants, related to his work on ships in the Navy. After years of discovery, the plaintiff’s counsel sent CBS a settlement demand letter in which it …