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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 #232, February 2020

N.Y. Appeal Court Dismisses Asbestos Appeal, Notes Parties Had Reached Settlement Agreement

A New York appellate court has dismissed an asbestos-related appeal, noting that the parties had recently filed a stipulation for withdrawal of appeal, as the parties had reached a settlement agreement.


Ericksson Inc. Denied Summary Judgment by N.Y. Court in Asbestos Case

A New York trial court has rejected efforts to obtain summary judgment by an electric defendant in an asbestos case, finding that the company had failed to make a prima facie case on causation and, as a result, it was not necessary to address the plaintiffs’ opposition arguments.


HarrisMartin: N.J. Jury Adds $750 Million Total in Punitive Damages to Earlier $37.3 Million Verdict in Asbestos Talc Trial

A New Jersey jury has added $750 million in punitive damages total to an earlier $37.3 million compensatory damage verdict at the conclusion of the second phase of a trial in which Johnson & Johnson’s Chief Executive Officer Alex Gorsky took the stand, HarrisMartin Publishing is reporting.


Issue #231, January 2020

N.Y. Court Sanctions Plaintiffs’ Counsel for Distributing Deposition Tape of J&J CEO

A New York trial court has found that counsel for plaintiffs in a cosmetic asbestos talcum powder case acted frivolously and inappropriately when it sent a transcript from a deposition of Johnson & Johnson’s CEO to Reuters, awarding sanctions in the form of reasonable costs associated with the defendant’s underlying motion.


Talc Supplier Denied Summary Judgment by N.Y. Court in Asbestos Talcum Powder Case

Plaintiffs asserting asbestos cosmetic talcum powder personal injury claims have prevailed on a motion for summary judgment brought by a talc supplier, after a New York court found that the plaintiffs were entitled to the benefit of all favorable inferences.


Roofing Cement Defendant Denied Summary Judgment in N.Y. Asbestos Case

A roofing cement manufacturer’s efforts to obtain summary judgment have been rejected by a New York trial court, which found that the defendant’s position that the decedent had not been exposed to the company’s products was “unavailing.”


N.Y. Court Denies Whittaker, Clark & Daniels’ Efforts to Obtain Summary Judgment on Product ID Grounds

Whittaker, Clark & Daniels’ efforts to obtain summary judgment in an asbestos cosmetic talcum powder lawsuit have been denied by a New York trial court, which determined that issues of fact remained as to the decedent’s exposure to asbestos-contaminated talc sold the defendant.


Kaiser Gypsum’s Efforts to Toss Asbestos-Continuing Joint Compound Claims Denied by N.Y. Court

A New York trial court has denied Kaiser Gypsum’s efforts to obtain summary judgment in an asbestos case involving its joint compound, concluding that the plaintiffs had demonstrated facts and conditions from which the company’s liability may be reasonably inferred.


N.Y. Federal Court Remands Asbestos Action, Says Kaiser Gypsum’s Removal Untimely

A New York federal court has remanded an asbestos personal injury action, finding that Kaiser Gypsum had not present enough evidence to warrant an exception to the one-year time limit on removal.


Mo. Federal Court Denies Summary Judgment to U.S. Fire Insurance Co. in Asbestos-Related Dispute

A Missouri federal court has denied summary judgment for an insurance in an asbestos-related dispute, finding that the plaintiff had presented sufficient evidence to establish it sustained damages relating to the insurer’s refusal to provide defense or indemnification to the company.


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