Real-Time Court Decisions and Other Developments in Asbestos Litigation.
NEW YORK – The plaintiff, Marilyn LaFlair, sued Port Jervis, New York resident Kolmar Laboratories, Inc. (Kolmar) and Johnson & Johnson (J&J) in state court in St. Lawrence County, New York. She alleged that asbestos-contaminated cosmetic talcum powder products manufactured and supplied by these defendants caused her mesothelioma. J&J removed the action to federal court …
FLORIDA – The plaintiff, Larry Cook, sued his employer Florida Power & Light Company (FPL) under negligence and premises liability theories for injuries allegedly sustained while working with or around asbestos in FPL power plants. Cook issued several notices for the deposition of a corporate representative of FPL to discover information regarding their use of …
NEW YORK – The plaintiff Francis Keating filed suit against dozens of companies alleging he contracted lung cancer as a result of exposure to asbestos containing products for which the defendants were liable. Specifically, he believed he had been exposed to asbestos while working as a machinist in the United States Navy from 1953-1974 and …
NORTH CAROLINA – Asbestos claimants (claimants committee) in this Chapter 11 case filed a motion to dismiss the bankruptcy case filed by Georgia Pacific (GP) for its acquisition of Bestwall arguing that the petition was filed in bad faith and established a reorganization that was “objectively futile.” By way of background, GP filed for corporate …
NEW YORK – Utica Mutual Insurance Company and Clearwater Insurance Company, which entered into reinsurance agreements regarding umbrella policies that Utica issued to Goulds Pumps, will go to trial over whether Utica can recover from Clearwater certain defense costs it paid to Goulds in underlying personal injury actions by asbestos claimants. Utica will be able …
LOUISIANA – In the first motion to remand ruled on after Johnson & Johnson’s (J&J)motion to fix venue in the United States District Court, District of Delaware was denied, the court considered the plaintiff Phyllis Lea’s motion. The plaintiff filed suit against multiple defendants, including J&J, alleging that her exposure to asbestos-containing talcum powder products caused …
DELAWARE – In a substantial set of cases extensively covered by the Asbestos Case Tracker, Johnson & Johnson and Johnson & Johnson Consumer Inc.’s (J&J) motion to fix venue was ruled on in the District Court of Delaware. The motion requested transfer of approximately 2,400 state court tort cases pursuant to 28 U.S.C. Sections 157(b)(5) and …
TENNESSEE – The plaintiff Donald Coffman worked at the Tennessee Eastman chemical plant from 1968 until 1997, mostly as a mechanic. In that capacity, he was responsible for repairing and replacing pumps, valves, steam traps and piping. Repairs were quite frequent due to the corrosive nature of the acid being used at the plant. The …
DELAWARE – The plaintiff Icom Henry Evans worked as a fireman and boiler tender in the United States Navy from 1957 to 1967. He filed suit and alleged that his fatal mesothelioma was caused in part by exposure to asbestos-containing gaskets and packing that were manufactured, sold, distributed, licensed, or installed by John Crane, Inc. (JCI). …
DELAWARE – The plaintiff initially filed her asbestos-related wrongful death lawsuit in New Jersey claiming the decedent Robert Fish suffered exposure to asbestos during his service as a civilian at New York Shipbuilding and Drydock in Camden, NJ. The court noted the plaintiff specifically alleged the decedent’s exposure from Arnot, a joiner contractor who cut …