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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Issue #223, May 2019
A Delaware court has ruled that Johnson & Johnson has not established that provisional transfer is warranted of “essentially every talc case pending against it,” rejecting the defendant’s efforts to move all state court talcum powder claims to the court overseeing Imerys Talc America’s bankruptcy petition.
Calif. Court Remands Asbestos Talc Case, Rejects J&J’s Efforts to Link Claims to Ongoing Imerys Talc Bankruptcy
A California federal court has remanded an asbestos talcum powder action that was one of thousands removed by Johnson & Johnson last month in an effort to link the litigation to the ongoing bankruptcy proceedings of Imerys Talc America Inc., concluding that Johnson & Johnson deprived the plaintiffs of their “best chance for an efficient adjudication when it removed” the action weeks before trial was scheduled to begin.
A Washington federal court has awarded summary judgment to several defendants in an asbestos case, concluding in part that the plaintiffs had failed to present admissible evidence linking the plaintiff’s mesothelioma to the products manufactured by the defendant.
A Maryland federal judge has awarded the plaintiffs summary judgment on Foster Wheeler LLC’s sophisticated user and superseding cause defenses, ruling that it was not reasonable for the defendant to rely upon the decedent’s employer to warn him of the risks of asbestos exposure.
A California appeals court has upheld the stay of an asbestos exposure case on the basis of forum non conveniens, ruling that because the exposure and medical treatment took place in Wisconsin, and the decedent was a resident of that state, that is where the action should have been filed.
A North Carolina federal judge has refused to overturn a $32.7 million asbestos verdict issued against Covil Inc., ruling that the evidence supported the jury’s finding that the company sold asbestos-containing insulation products at a time when it knew they were dangerous, yet failed to warn users.
A New York trial court has rejected post-trial motions filed in the wake of a $7 million asbestos verdict against Jenkins Bros., concluding in part that the recent Juni decision did not create a new causation standard.
A New York court has denied a non-party’s motion to quash a subpoena seeking information on testing of talc samples, finding that the samples and documents requested are necessary to the prosecution of the action.
Calif. Jury Awards Nearly $4.4 Million at Conclusion of Bowling Alley Owner’s Pericardial Mesothelioma Trial
A California jury has awarded nearly $4.4 million at the conclusion of an asbestos case brought on behalf of a former bowling alley owner who allegedly developed pericardial mesothelioma as a result of drilling holes into asbestos-containing bowling balls.
J&J Defendants Ask Bankruptcy Court to Assert Jurisdiction over Mesothelioma, Ovarian Cancer Talcum Powder Claims
Johnson & Johnson and Johnson & Johnson Consumer Inc. have filed a motion to fix venue for claims related to Imerys Talc America Inc.’s bankruptcy, arguing that underlying mesothelioma and ovarian cancer talcum powder claims affect the debtors’ estates.