Real-Time Court Decisions and Other Developments in Asbestos Litigation.
WASHINGTON –The court ruled on competing motions for summary judgment from the plaintiff Alice Mikelsen and the defendant Warren Pumps in this case involving allegations that Arthur Mikelsen developed mesothelioma from working around Warren Pumps in the machine shop at Puget Sound Naval Shipyard from 1942 to 1980. The plaintiff challenged six of Warren Pumps’ …
NEW JERSEY — Today, a central New Jersey jury determined that Johnson & Johnson (J&J) was not liable for the mesothelioma of the plaintiff Rosalind Henry, who alleged that she developed the disease in part from use of J&J’s baby powder. In closing arguments, counsel for J&J told jurors that Ms. Henry had told her …
NEW YORK — The plaintiff filed suit in New York against Grainger Inc. (Grainger) alleging her decedent, Myron Miller, passed from mesothelioma as a result of exposure to asbestos for which Grainger was liable. Specifically, Mr. Miller was alleged to have been exposed to packing and gaskets while refurbishing and selling used equipment he bought …
PENNSYLVANIA The plaintiff Ellen Kleiner filed suit in the Philadelphia Court of Common Pleas, alleging that she developed ovarian cancer through her use of Johnson & Johnson’s baby powder and Shower to Shower products. She named Johnson & Johnson and the talc supplier, Imerys Talc America, among other defendants. The case was originally removed based …
PENNSYLVANIA — On October 10, 2018, the United States Supreme Court will hear argument in Air and Liquid Systems Corp. v. DeVries, a case involving the bare metal defense under maritime law. The case was originally filed in the Philadelphia Court of Common Pleas in December 2012. It was then removed to the Eastern District …
OREGON — An Oregon jury delivered a defense verdict for defendant Chanel on September 17, 2018 after a four-week trial in a living pleural mesothelioma claim. Chanel asserted an spontaneous etiology defense and the jury unanimously found that (i) Chanel was not negligent and (ii) was no defect in the Chanel cosmetic talc product allegedly used by …
NEW YORK — Wayne Gibson alleged that he developed mesothelioma in part from occasional work assisting mechanics with brakes, clutches and gaskets on Mack and Kenworth trucks while working as a driver for a Virginia based trucking company. With the exception of a six month stint in the Navy, Gibson never lived in the state of …
WASHINGTON — In an update to a case previously reported by Asbestos Case Tracker, The plaintiff’s Motion for Reconsideration of the Court’s Order granting summary judgment for Union Pacific Railroad has been denied. By way of background, the plaintiffs alleged that Mr. Jack was secondarily exposed to asbestos from the work clothes of his father …
NEW YORK — The New York Court of Appeals has set oral argument for October 16th, 2018 in Matter of NYC Asbestos Litig. (Juni v A.O. Smith). Since 2006, the Court of Appeals has weighed in three times[i] on the applicable causation standards in toxic tort cases, but Juni is the first asbestos related appeal …
CONNECTICUT — This case involved a dispute over the number of aggregate limits in two excess insurance policies. Ferguson was the successor in interest to Familian Corporation, a pipe and supply distributor for the plumbing and contractor industries. Familian supplied certain products containing asbestos from the 1950’s until the 1970’s and as a result has been …