Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Jurisdiction: Supreme Court of New York, New York County Defendant Kennedy Electrical Supply Corp. moved for summary judgment seeking to dismiss this action on the grounds that plaintiff was not exposed to asbestos from any Kennedy products during his employment with Con Edison from 1963 through 2005. Specifically, Kennedy argued that because plaintiff recanted his identification of …
Jurisdiction: Supreme Court of New York, New York County Defendant Atwood & Morrill Co. Inc. moved for summary judgment to dismiss this action on the grounds that plaintiff Giuseppe Rullo was not exposed to asbestos-containing pumps manufactured by Atwood during the course of his work at Con Ed from 1969 to 1979. Specifically, defendant’s motion rested …
On June 25, 2024, the Third Circuit Court of Appeals rendered an opinion affirming the New Jersey Bankruptcy Court’s decision to dismiss LTL Management/Johnson & Johnson’s second bankruptcy case for “want of good faith because it was not in financial distress” in IN RE: LTL Management, LLC. In 2021, Johnson & Johnson first attempted to …
Court: Circuit Court of Cook County A Cook County jury on July 29 returned a Plaintiff’s verdict after a weeks-long trial against personal care and cosmetic manufacturer Avon Products Inc. Plaintiff Cipriano Ramirez worked as a janitor at an Avon facility in Morton Grove, Illinois in the 1980s. The facility produced various products, including …
U.S. District Court for the Eastern District of Pennsylvania Plaintiff Leona Rhoades, on behalf of the estate of her husband, Dewey T. Rhoades, commenced this action against a variety of defendants, alleging that their products contained asbestos that contributed to her husband’s lung cancer and eventual passing. Mr. Rhoades had been employed as a mechanical …
The U.S. Supreme Court on June 6 unanimously held in Truck Insurance Exchange v. Kaiser Gypsum Company Inc. that insurers with financial responsibility for bankruptcy claims are a “party in interest” that may object to a reorganization plan under Chapter 11 of the Bankruptcy Code. In 2016, building material manufacturer Kaiser Gypsum Co. and its parent …
California Superior Court, Alameda County Decedent Gene Hankes Sr. passed away of mesothelioma at 85 years old. His estate brought this action against various brake manufacturers and auto-parts suppliers. At the time of trial, the only remaining defendant was O’Reilly Auto Enterprises LLC, an auto parts supplier. Each side presented their case, with experts. A …
Fourth Judicial District Circuit Court for Mulnomah County, Oregon (Portland) In this matter, plaintiff Kyung Lee claimed that she developed mesothelioma from her use of Johnson & Johnson baby powder, which she alleges was contaminated with asbestos. After a multi-week trial, the jury determined that Johnson & Johnson was responsible for the plaintiff’s mesothelioma and …
U.S. District Court for the Eastern District of Louisiana Plaintiff Wilson Goffner, Sr. was diagnosed with malignant lung cancer in March 2020following his employment at the Avondale shipyard in the late 1960s and 1970s. In February 2021, the plaintiff filed a petition for damages in the Civil District Court for the Parish of New Orleans, …
U.S. District Court for the Northern District of California Plaintiffs James and Lucretia Sarjeant brought suit in California state court following Mr. Sarjeant’s diagnosis of malignant mesothelioma. He alleged exposure from asbestos-containing products through his employment at the Todd Shipyards, on the RMS Queen Mary, automotive work, and home renovation projectsfrom the 1960s to 1990s. …