Mealey's Asbestos

  • August 12, 2022

    J&J To Discontinue Sales Of Talc-Based Baby Powder Worldwide In 2023

    TRENTON, N.J. — Johnson & Johnson will discontinue talc-based baby powder worldwide in 2023 and transition to cornstarch-based powder, the company announced in an Aug. 11 press release.

  • August 11, 2022

    Appeal Challenges Exposure, Evidence Rulings After $2.69M Asbestos Verdict

    SAN FRANCISCO — A company challenging a $2,696,700 verdict said in an opening brief that precedent “unmistakably shows the way” forward and urged a California appeals court to close a strict liability loophole while telling it that there was insufficient evidence of exposure to asbestos in cement pipe or talc and that a properly informed jury would never have imposed 45% liability upon it.

  • August 09, 2022

    Plaintiff/Defense Experts Testifying Since Jan. 1, 2002

    (Includes plaintiff and defense experts who testified in trials covered in The Report since Jan. 1, 2002.)

  • August 08, 2022

    Court OKs Enhanced Award, Bankruptcy Trust Exclusions, Affirms Asbestos Verdict

    CHARLESTON, S.C. — A man sufficiently established mesothelioma causation and that asbestos in a defendant’s dryer felts was a substantial factor in the disease, and the trial court did not err in increasing the survival damages award or by declining to reallocate settlements or excluding bankruptcy trust forms, a South Carolina appeals court said Aug. 3.

  • August 08, 2022

    4th Circuit Affirms Verdict In Dispute Over Asbestos Trust Referral Fees

    BALTIMORE — The Fourth Circuit U.S. Court of Appeals on Aug. 4 rejected the nearly two dozen challenges to a more than $3 million verdict based on discovery violations and unpaid asbestos trust referral fees in a dispute involving 15 law firm entities, upending only the award of post-judgment interest so that on remand the court could rely on federal law rather than Maryland law in calculating the award.

  • August 08, 2022

    Judge: Household Services Damages OK; Asbestos Intentional Tort Claims Fail

    NEW ORLEANS — An injured party may seek damages for activities an injury prevents, but the intentional tort claim requires evidence that the defendants knew that mesothelioma was substantially likely to occur as a result of asbestos exposure, a standard the plaintiffs cannot meet, a federal judge in Louisiana said July 25 in denying one motion and granting another.'

  • August 05, 2022

    Judge Orders Discovery Into ‘Confusing To Say The Least’ Same-Named Companies

    NEW ORLEANS — The confusion resulting from a dispute over which one of two same-named companies is responsible for employing an asbestos-exposed man requires discovery to clarify the facts, a federal judge in Louisiana said Aug. 2.

  • August 05, 2022

    Judge Remands Asbestos Case On Plaintiffs’ Navy Disclaimer

    HARRISBURG, Pa. — A company’s evidence that it supplied a boiler for use on a Navy ship does not overcome the plaintiff’s disclaimer of any liability arising from Navy asbestos exposure, a federal judge in Pennsylvania said Aug. 2 in remanding the case.

  • August 05, 2022

    Judge Grants Summary Judgment After Stay Lifted In Suit Against Insolvent Insurer

    NEW ORLEANS — A Louisiana federal judge on Aug. 3 granted summary judgment to a shipyard’s insurer in a wrongful death asbestos suit against numerous defendants, including the insurer and an insolvent insurer, finding the absence of “a triable issue” regarding the decedent’s presence at a shipyard when it was insured by the defendant insurer.

  • August 03, 2022

    New York Court Won’t Stay Asbestos Pipe Trial During Appeal

    NEW YORK — A New York appeals court on Aug. 2 declined to stay an asbestos pipe trial while it considers whether the trial court properly denied summary judgment to J-M Manufacturing Co.

  • August 02, 2022

    Missouri Judge Denies Post-Trial Motions, Leaving $20M Asbestos Verdict

    ST. LOUIS — A Missouri judge on July 29 denied Ford Motor Co.’s trio of post-trial motions seeking remittitur, judgment notwithstanding the verdict or a new trial, leaving in place a $20 million asbestos verdict awarded to a former part-time mechanic and his wife, according to the case docket. VIDEO FROM THE TRIAL IS AVAILABLE.

  • August 02, 2022

    Insurers Escape Strict Liability, Not Negligence Take-Home Asbestos Claims

    NEW ORLEANS — An employer can be liable for a man’s take-home asbestos exposures under Louisiana negligence law, but there is insufficient evidence that the employer represented that the products it used were its own and, thus, it escapes strict liability, a federal judge in Louisiana said July 28 in partially granting insurers’ motion for summary judgment.

  • August 02, 2022

    After Mistrial, COVID Surge, Parties Push California Asbestos Retrial Into June 2023

    SAN FRANCISCO — A San Francisco judge on July 28 granted a stipulation pushing an asbestos case set for retrial this month into June 2023, after the parties cited the scheduling issues caused by the recent surge in coronavirus cases and “imminent” technological advances that could “enhance the presentation of cases to juries remotely where necessary.”

  • July 29, 2022

    Judge Approves Discovery In Take-Home Asbestos Turbine Exposure Case

    PROVIDENCE, R.I. — A discovery request seeking information on products sold during the period of alleged asbestos exposure and limited to facilities where a man worked is reasonably narrow and seeks evidence that could be used in litigating the case, a Rhode Island judge said July 22.

  • July 28, 2022

    Judge Hears Arguments Over Whether Imerys Stay Blocks Fraud Class Against J&J

    WILMINGTON, Del. — During a July 20 hearing, the judge overseeing the Imerys Talc America Inc. bankruptcy proceedings heard arguments on whether the case’s automatic stay encompasses a class action alleging that Johnson & Johnson withheld and destroyed evidence of asbestos contamination in its talc.  A judge in the fraud case on July 12 stayed any response to the complaint pending the bankruptcy court’s decision.

  • July 27, 2022

    Federal Judge Issues Latest Dismissal Order In Asbestos Liability Suit

    NEW ORLEANS — A Louisiana federal judge on July 22 issued an order granting a joint motion to dismiss Liberty Mutual Insurance Co., an alleged insurer of a defendant in an asbestos liability suit and the latest party to be dismissed after the stay of insolvency of another insurer was lifted.

  • July 27, 2022

    Unnamed Asbestos Exposures Can’t Form Basis Of Removal, Federal Judge Says

    CLEVELAND — Because a complaint focuses on alleged asbestos exposures while working for two Ohio employers, a defendant improperly removed the case based on potential exposures at the Philadelphia Naval Shipyard, a federal judge in Ohio said July 26 in granting an emergency motion for remand.

  • July 26, 2022

    Judge Grants Motion To Respond In Asbestos Suit Against Insurer, Manufacturer

    NEW ORLEANS — After plaintiffs in an asbestos lung cancer suit moved to respond to an asbestos product manufacturer’s motion in limine and motion to exclude alleged “flawed data” in a suit against insolvent insurers, companies they insured and other related defendants, asserting that the manufacturer’s purported motion to exclude “only a portion of a written document” violates the Federal Rules of Evidence, a Louisiana federal judge on July 22 granted the plaintiffs’ motion.

  • July 26, 2022

    Conflicting Medical Opinions Keep New York Asbestos-Talc Suit Alive

    NEW YORK — Conflicting medical opinions on whether a consumer talc product could have exposed a woman to sufficient asbestos to cause her mesothelioma require denying the manufacturer’s motion for summary judgment, and even assuming asbestos in cigarette filters played a role in the disease, a jury could find that it played only a contributory one, a New York justice said July 6.

  • July 26, 2022

    Plaintiff/Defense Experts Testifying Since Jan. 1, 2002

    (Includes plaintiff and defense experts who testified in trials covered in The Report since Jan. 1, 2002.)