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Asbestos

Asbestos is the source for more complete asbestos-related litigation news. Summaries of important decisions, verdicts and complaints are at the core of every issue, but this publication isn't simply a review of case law. We identify the critical trends and track important stories as they unfold, bringing you unique insights and valuable information.


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Current Issue

U.S. Senator Writes Letter to J&J, ‘Troubled’ by Reports of ‘Alleged Decades-Long Effort’ to Mislead Consumers on Baby Powder Safety

Senator Patty Murray (D-Wash.) has sent a letter to Johnson & Johnson’s Chief Executive Officer, saying she is troubled by the recent reports of an “alleged decades-long effort by Johnson & Johnson to potentially mislead regulators and consumers about the safety of one of its products, which may have resulted in long-term harm for [those] that used Johnson & Johnson baby powder.”


Pa. Court Retains Jurisdiction of Asbestos Cosmetic Talc Case; Rejects Dismissal Efforts from Imerys Talc

A Pennsylvania federal court has retained jurisdiction over an asbestos cosmetic talcum powder lawsuit, rejecting the plaintiff’s position that Wal-Mart is a Pennsylvania corporation for complete diversity purposes.


Issue #219, January 2019

Armstrong Pumps’ Motion for Summary Judgment Denied in Asbestos Case

A New York court has denied Armstrong Pumps Co.’s motion for summary judgment in an asbestos case, concluding that the plaintiffs had raised triable issues of fact as to whether the defendant’s liability may be reasonably inferred from the decedent’s work around the product.


N.C. Court Recommends Denial of Personal Jurisdiction Challenges from Brenntag in Asbestos Talc Case

A North Carolina court has rejected jurisdiction challenges brought by Brenntag Specialties Inc. in an asbestos-containing talcum powder case, finding the plaintiffs had made a prima facie showing that the company was subject to personal jurisdiction based on its role as a successor to Whittaker, Clark & Daniels and based on its own conduct.


Calif. Appellate Court Scheduled to Hear Arguments Relating to Trial Preference in Asbestos Case

A California appellate court is scheduled to address a trial preference dispute in an asbestos case, in the wake of a trial court’s refusal to comply with an alternative writ of mandate asking it to vacate its order denying such preference.


La. Court Denies Asbestos Defendants’ Motion for Summary Judgment, Says Questions of Fact Exist

A Louisiana federal court has denied efforts from two asbestos defendants to obtain summary judgment, concluding that the plaintiff has established that he will present admissible expert testimony linking the defendants’ products to his alleged asbestos-related injury.


La. Court Remands Asbestos Case, Says Removing Defendant Failed to Prove Government Control

A Louisiana federal court has remanded an asbestos case, contending that the removing defendants have failed to produce evidence that the U.S. Government prevented Avondale from taking protective measures to prevent asbestos exposure or exercised control over safety procedures or safety department.


N.Y. Court Awards Summary Judgment to Raw Talc Suppliers in Part; Allows Post-1980 Claims to Proceed

A New York state court has awarded summary judgment to raw talc suppliers on claims in an asbestos case arising out of pre-1980 exposure, but have denied the motion as to post-1980 exposure, saying that the plaintiffs have established that there remain issues of fact as to whether the defendants’ talc was contaminated with asbestos fibers.


Calif. Court Refuses to Order Defendants to Pay Costs Related to Depositions in Asbestos Cases

A California state court has refused to issue an order compelling defendants to pay costs related to the depositions of plaintiffs in several asbestos cases, concluding that the plaintiffs had failed to persuade the court that good cause exists for it to compel the defendant to pay the court reporter fees and costs sought by the plaintiff.


La. Court Overrules Challenges from J&J, Other Defendants to Venue in Asbestos Cosmetic Talc Case

A Louisiana state court has rejected efforts to have an asbestos cosmetic talcum powder case moved to a neighboring parish, overruling all defense venue exceptions and denying motions to strike the plaintiff’s amended petition.


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