Real-Time Court Decisions and Other Developments in Asbestos Litigation.
PENNSYLVANIA — Yesterday, a federal judge disagreed with the defendants, Ford Motor Company and AT&T, that the court lacked jurisdiction over the companies, but determined that the plaintiff Rhonda J. Gorton’s pleadings were deficient nonetheless. Ms. Gorton sued Ford, AT&T, and several other parties alleging that they exposed her late husband Thomas Gorton to asbestos, …
PENNSYLVANIA — Shortly before his death, Obediah Walker, Jr., filed an action in Pennsylvania state court alleging he was exposed to asbestos while serving on the USS Plymouth Rock while enlisted in the Navy from 1969 to 1971. He served as an electrician onboard the Plymouth Rock and was later diagnosed with lung cancer. He …
MISSOURI — The plaintiff Shawnee D. Douglas originally filed suit against multiple entities, contending that her use of talc product caused her malignant mesothelioma. Johnson & Johnson (J&J) removed the case to federal court on the grounds that diversity of citizenship exists because, inter alia, the only Missouri-based defendant, PTI Union, was “fraudulently joined.” Numerous …
DELWARE — Yesterday, Imerys Talc America, Inc., Imerys Talc Vermont, Inc., and Imerys Talc Canada Inc. filed a petition to seek bankruptcy protection under U.S. Chapter 11. In support of their petition, the Imerys entities referenced “significant potential liabilities as a result of thousands of claims by plaintiffs alleging personal injuries caused by exposure to …
SOUTH CAROLINA — A $14 million verdict against Celanese Corporation was upheld on appeal in the mesothelioma case of 70 year old deceased the plaintiff Dennis Seay. Seay did maintenance and repair work in a Celanese plant as a contractor for Daniel Construction for nine years in the 1970s. In 2015, a South Carolina jury …
TENNESSEE — The plaintiff filed suit against Norfolk Southern Railroad Company (Norfolk) under the Federal Employer’s Liability Act (FELA) alleging he developed lung cancer as a result of occupational exposure to asbestos. Specifically, the plaintiff worked as a brakeman, trainman, and locomotive engineer from 1965-1999. The plaintiff passed from lung cancer in 2003 and his …
MISSISSIPPI — The plaintiff filed suit against A-1 Auto Parts and Repair (A-1) alleging he developed mesothelioma as a result of exposure to asbestos from his work as a mechanic and exposure to talcum powder. A-1 moved for dismissal under Federal Rule 12 (b) 6 arguing that it was an “innocent seller” under Mississippi Products …
OHIO — The plaintiff sued Crane Co. and other defendants based upon his alleged exposure to asbestos while serving in the Navy from 1960 to 1967. Crane filed for summary judgment on plaintiff’s maritime law strict liability negligence claims. The court applied the Lindstrom standard. Despite the plaintiff’s urging, the court did not adopt a …
NEW JERSEY — A New Jersey State case, Thomasenia L. Fowler v. Akzo Nobel Chemicals, Inc., et al., No. MID-L-4820-11AS (N.J. Super. Ct., Middlesex Cty.), which was previously covered by ACT, has ended in a plaintiff’s verdict against a raw fiber supplier. On January 22, a Middlesex County jury returned a $2.38 Million dollar verdict …
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 …