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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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Issue #224, June 2019

N.Y. Court Denies Summary Judgment Motion from Gasket Manufacturer in Asbestos Case

A gasket and packing manufacturer’s efforts to obtain summary judgment in an asbestos case have been rebuffed by a New York trial court, which concluded that it had grounds to exercise personal jurisdiction over the company.


N.Y. Court Dismisses Asbestos Talc Claims Against Cyprus Defendants on Jurisdiction Grounds

A New York court has dismissed asbestos cosmetic talcum powder claims against Cyprus Minerals Corp., and Cyprus Amax Minerals Co. on jurisdiction grounds, finding that the plaintiffs have failed to establish that successor liability was present in the instant case.


N.Y. Court Pushes Trial Setting in Asbestos Cosmetic Talc Case, Allows Parties Time for Further Testing of Samples

A New York trial court has pushed a cosmetic talcum powder asbestos trial to October, finding that while Revlon was not prejudiced by testing to historic samples obtained by counsel for the plaintiffs, it should be permitted time to perform its own testing.


Pump Manufacturer Denied Summary Judgment by N.Y. Court in Asbestos Take-Home Exposure Case

A pump manufacturer has failed in its efforts to obtain summary judgment in an asbestos case, after a New York court found that the conflicting testimony was a material issue of fact that raised credibility issues better suited for trial.


N.Y. Court Refuses to Rehear Arguments Relating to Summary Judgment Order in Asbestos Case

A New York trial court has refused to rehear opposition to an asbestos defendant’s motion for summary judgment, concluding that the plaintiffs have failed to prove that they could not obtain the testimony of the decedent’s brother prior to the court’s ruling on the original motion.


Pump Manufacturer Not Entitled to Summary Judgment on Successor Liability Grounds, N.Y. Court Rules

An asbestos defendant’s efforts to obtain summary judgment on successor liability grounds has been denied by a New York trial court, which found that the Asset Purchase Agreement details the defendant’s liability for tort claims such as the ones asserted in the underlying case.


Calif. Court Requests New Jury to Decide Punitive Damages in Asbestos Talc Trial Over J&J Objections

A California state court has ordered a new trial on punitive damages only in an asbestos cosmetic talcum powder case over the objections of Johnson & Johnson defendants, which argued that empaneling a new jury would violate due process laws.


Fla. Jury Awards $70 Million at Conclusion of Asbestos-Containing Brake, Clutch Trial

A Florida jury has awarded plaintiffs $70 million at the conclusion of an asbestos trial, accepting the plaintiffs’ claims that maintenance work completed by the plaintiff while in the biopharmaceutical industry exposed him to asbestos-containing brake and clutch products.


Ore. Court Says Asbestos Cosmetic Talc Claims ‘Rest Exclusively on State Law,’ Remands Case

An Oregon federal court has adopted a report recommending the remand of an asbestos cosmetic talcum powder case, stating that it agreed with the magistrate judge’s findings and noted that nearly 350 other mesothelioma cases removed to federal courts around the country on similar grounds have already been remanded.


Calif. Jury Awards $12 Million at Conclusion of Asbestos Cosmetic Talc Trial Against J&J, Colgate-Palmolive

A California jury has awarded $12 million at the conclusion of an asbestos cosmetic talcum powder trial, finding both Johnson & Johnson defendants and Colgate-Palmolive liable for the woman’s development of mesothelioma.


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