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.



Issue #219, January 2019

N.Y. Court Vacates Recommendation in Asbestos Talc Cases, Allows Report on Baby Powder Sample Testing

A New York trial court has in part vacated a recommendation in several asbestos cosmetic talcum powder cases against Johnson & Johnson, concluding that the plaintiffs should be permitted to use a report from Dr. William Longo that includes testing results of Baby Powder samples.

R.I. Court Retains Jurisdiction of Asbestos Suit, Finds Removal by CBS Timely

A Rhode Island federal court has retained jurisdiction over an asbestos case, finding that the plaintiff only recently disclosed specific CBS Corp. products linked to the decedent’s service in the U.S. Navy.

7th Circuit Declines to Hear Weyerhaeuser Appeal of Order in Asbestos Suit, Says Dispute is Moot

The 7th Circuit U.S. Court of Appeals has dismissed an appeal concerning community exposure to asbestos, finding that the dispute is moot in light of a summary judgment order entered in favor of Weyerhaeuser after the appeal was filed.

Wash. Court Refuses to Enter Final Judgment for Union Pacific, Says Other Related Claims Still Pending Against Co-Defendants

A Washington federal court has refused to enter final judgment in favor of Union Pacific Railroad Co. in an asbestos case, saying it was “unpersuaded” by the plaintiffs’ argument that such an order would further judicial efficiency.

N.Y. Court Awards Summary Judgment to Rockwell Automation, Says Asbestos Claims Preempted

A New York trial court has awarded summary judgment to Rockwell Automation Inc. in an asbestos exposure case, finding that the decedent’s own testimony establishes that he worked on parts of train cars that were an “integral or essential” part of a completed locomotive.

Parties in Asbestos Cosmetic Talc Case Reach Settlement Agreement Weeks Prior to Trial Date

Parties in an asbestos talcum powder case, including Johnson & Johnson defendants, have reached a settlement agreement in a case slated to begin trial in January, according to a recent filing.

Issue #218, December 2018

N.Y. Court Says Issues of Fact Exist as to Whether Plaintiff’s Mesothelioma Was Caused by Cashmere Bouquet

A New York court has denied Colgate-Palmolive’s motion for summary judgment in a Cashmere Bouquet talcum powder asbestos case, concluding that issues of fact remain as to whether the plaintiff’s use of the product caused her mesothelioma.

N.C. Court Awards Summary Judgment to 2 Asbestos Defendants, Says Causation Lacking

A North Carolina court has awarded summary judgment to two asbestos defendants, finding in part that the plaintiffs had failed to establish that the former employee was exposed to asbestos-containing products supplied by the companies on a regular basis over an extended period of time in the proximity to where he actually worked.

7th Circuit Reverses Order Remanding Asbestos Case, Says Court Erred When Requiring Defendant to Submit Evidence

The 7th Circuit U.S. Court of Appeals has reversed a remand order, finding that a District Court erred in concluding that an asbestos defendant was required to submit evidence to support its removal allegations.

Calif. Court Dismisses Market-Share Liability Asbestos Claims, Allows Plaintiffs to Amend

A California federal court has dismissed a claim for market-share liability in an asbestos case without prejudice, finding that the plaintiffs had failed to identify the specific type of product that would support an assertion of fungibility.

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