Real-Time Court Decisions and Other Developments in Asbestos Litigation.
After almost three days of deliberation following a four week trial, a Los Angeles area jury reached a defense verdict in a mesothelioma case against Johnson & Johnson and its supplier Imerys Talc America, Inc. In closing arguments, the plaintiff urged the jury to consider evidence that allegedly documented Johnson & Johnson’s long awareness of …
MONTANA — The plaintiff worked for Burlington Northern and Santa Fe Railway Corporation (BNSF) and claimed exposure to amphibole containing vermiculite in that capacity as BNSF transported vermiculite for W.R. Grace. The plaintiff filed suit against BNSF for his asbestos related disease under FELA. The trial court granted summary judgment for the defendant and the …
CALIFORNIA — Closing arguments were conducted on Monday, November 13, 2017 in a trial against Johnson & Johnson and its supplier, Imerys Talc America Inc., alleging that asbestos in talcum powder caused the plaintiff’s mesothelioma. The plaintiff’s counsel argued that Johnson & Johnson and Imerys pushed to delay regulation of talc for years, and that …
NEW YORK — Plaintiff Mary Nash filed suit on behalf of the plaintiff’s decedent, Lewis Nash, alleging bystander exposure to asbestos-containing dust from defendant Navistar’s brakes and gaskets while working as a janitor and bus driver in the Fayettteville-Manluis Central School District. The decedent’s exposure occurred in the bus garage at the school, where decedent …
NORTH CAROLINA — Defendant John Crane filed a motion for an order governing the release of pathology materials following the close of discovery. Although pathology materials had been requested from the plaintiff’s counsel nearly a year and a half prior to the discovery end date, they were not produced until eight days after that deadline had …
CONNECTICUT — Plaintiff Marianne Bradley, as executrix of her husband Wayne Bagley’s estate, sought to recover damages pursuant to Connecticut’s Product Liability Act for the wrongful death of the decedent under theories of negligence and strict liability. Plaintiff alleged that the decedent was exposed to asbestos-containing dust from FM-37, a product manufactured by the defendant, while …
Bestwall LLC, a unit of Georgia Pacific, sought bankruptcy protection under U.S. Chapter 11 early Thursday morning. Bestwall LLC filed the petition as a result of towering costs associated with defending asbestos claims around the nation. The filing comes during a period of time in which both state and federal lawmakers ponder proposals to curb …
KENTUCKY — Rojelio Surita brought this action against several defendants alleging his decedent, Nancy Surita, developed mesothelioma from exposure to asbestos containing products for which Defendants were liable. Nancy Surita gave deposition testimony stating that she assisted in brake jobs on the family farm while growing up in Illinois. She also recalled maintenance on vehicles …
CALIFORNIA — The estate of Velma Searcy (plaintiffs) filed suit in the Superior Court of Los Angeles for the personal injuries and subsequent death of Velma Searcy at age 51. The plaintiffs argued that Searcy’s mesothelioma diagnosis and death was caused from occupational exposure to asbestos through Searcy’s work as an electrician in the aerospace …
WISCONSIN — A federal judge in Wisconsin denied several insurers’ request that it abstain from hearing claims against them for coverage in asbestos-related related suits against Eaton Corporation. Some of the underlying claims brought against Eaton were based on personal injuries from using products produced by a company Eaton acquired by merger, Cutler-Hammer, Inc. Each …