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
Plaintiffs with asbestos cosmetic talcum powder claims pending in Florida state court against Johnson & Johnson have noticed the voluntary dismissal without prejudice as to Imerys Talc America Inc., according to recently filed documents.
Fla. State Court Vacates Order Dismissing Asbestos Talc Case that Was Part of J&J’s Mass Removal Efforts
A Florida state court has issued an order vacating its earlier final disposition in an asbestos cosmetic talcum powder action and directed the clerk of the court to re-open the case, granting the plaintiffs’ emergency motion to vacate the dismissal order.
Florida Talcum Powder Plaintiffs Move to Vacate Order Closing Case, Dismiss Imerys Talc from Proceedings
Plaintiffs with talcum powder claims pending in Florida state court have asked the court to vacate the final order directing the clerk to close the case, contending that since the recent removal of the case is predicated on the claims against Johnson & Johnson only, the court has jurisdiction over the matter.
N.Y. Jury Adds $300 Million in Punitive Damages to Earlier $25 Million Award in Asbestos Cosmetic Talc Trial Against J&J
A New York jury has added $300 million in punitive damages to its earlier $25 million compensatory damage verdict, finding that Johnson & Johnson’s misconduct caused the plaintiff to develop mesothelioma from using talcum powder products, HarrisMartin is reporting.
Issue #223, May 2019
A South Carolina jury has found in favor of Johnson & Johnson on claims that a woman’s cancer was caused by her use of the company's talcum powder.
A New York jury has awarded $25 million in compensatory damages at the conclusion of an asbestos cosmetic talcum powder trial against Johnson & Johnson and answered affirmatively that the plaintiffs are entitled to punitive damages, HarrisMartin Publishing is reporting.
Wash. Court Reverses Order Tossing Asbestos Claims on Statute of Repose Grounds, Says Premises Owner-Related Claims Can Proceed
A Washington appellate court has reversed in part an order tossing asbestos claims on statute of repose grounds, ruling that while the plaintiffs could not bring claims against the defendant for construction-related activities, claims arising out of the defendant’s role as a premises owner could proceed.
A Washington federal court has awarded summary judgment to Weir Valves & Controls USA Inc., finding that the plaintiff didn’t present admissible evidence linking his illness to the product manufactured by the defendant.
A Delaware magistrate judge has recommended granting an unopposed summary judgment motion, concluding that the plaintiff had not introduced evidence demonstrating a product nexus.
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.