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.
SEARCH THE ARCHIVES
Issue #223, May 2019
Johnson & Johnson and Johnson & Johnson Consumer Inc. have removed a number of asbestos cosmetic talcum powder actions to several federal courts across the country, including a Louisiana federal court, contending that the ongoing bankruptcy proceedings involving Imerys Talc America confer federal jurisdiction.
Issue #222, April 2019
A New York trial court has denied a motion for summary judgment filed by a flooring tile manufacturer, finding in part that the plaintiff has provided evidence of causation stating that chrysotile fibers can cause mesothelioma.
A New York trial court has denied Avon Products Inc.’s motion for summary judgment in an asbestos talcum powder action, finding that the plaintiff had raised “credibility issues and issues of fact on general and specific causation, requiring a trial of this matter.”
N.Y. Court Remands Asbestos Talc Case, Says Forum Defendants Properly Joined and Served Prior to Removal
A New York federal court has remanded an asbestos cosmetic talcum powder exposure lawsuit, finding that the in-state forum defendants were served prior to the completion of all three requirements necessary to effectuate removal.
A New Jersey federal judge has denied a request by a Johnson & Johnson shareholder to issue an injunction forcing Johnson & Johnson’s shareholders to resolve their securities disputes via arbitration rather than class action litigation.
CertainTeed’s efforts to obtain summary judgment in an asbestos case asserted on behalf of a former roofer have been rejected by a New York trial court, which found that the conflicting testimonial evidence raises credibility issues best left for a jury to weigh.
A New York court has rejected efforts from asbestos plaintiffs to reinstate claims against Kaiser Gypsum, finding that the plaintiff had previously persuaded the court to accept its earlier position that it wanted the defendant out of the litigation.
Johnson & Johnson companies defending themselves against claims that a Delaware woman’s mesothelioma was caused by exposure to asbestos-contaminated talcum powder products have filed a motion for a directed verdict at the close of the plaintiffs’ evidence, arguing that, even if some of the containers sporadically contained asbestos fibers, this exposure was insufficient to cause her illness.
Prop 51 Does Not Eliminate Joint and Several Liability for Noneconomic Damages, Calif. Appeals Court Rules
California’s Proposition 51 does not eliminate an intentional tortfeasor’s joint and several liability for noneconomic damages, a state appellate court has ruled in reversing a judgment following a $10.3 million verdict in an asbestos exposure case.
A federal appellate court has reinstated 30-year-old asbestos exposure cases filed by merchant mariners, ruling that the defendant shipowners waived their personal jurisdiction defense by continuing to litigate the cases in an Ohio federal court.