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 #218, December 2018
N.Y. Court Tosses Express Warranty Claim in Asbestos Cosmetic Talc Case; Allows Other Claims to Proceed
A New York trial court has dismissed a claim for breach of warranty in an asbestos cosmetic talcum powder case against Johnson & Johnson, noting that the plaintiffs have not claimed that they relied on warranties or statements of fact made by the defendants.
A New York court has denied Johnson & Johnson’s motion for summary judgment in an asbestos talcum powder case, finding that the conflicting testimony presented by the parties should be resolved by a jury.
Covil Files Post-Trial Motions in Wake of $32.7 Million Asbestos Verdict, Says Evidence of Negligence Lacking
Covil has filed post-trial motions in the wake of a $32.7 million asbestos verdict entered last month at the conclusion of a North Carolina trial, arguing that the plaintiff did not present sufficient evidence regarding Covil’s alleged failure to warn.
Issue #217, November 2018
A California appellate court has affirmed the dismissal of asbestos-related claims against Special Electric Company Inc. as time-barred, concluding that the defendant gave sufficient notice of its dissolution.
A Texas federal court has granted BNSF Railway’s no-evidence motion for summary judgment with prejudice in an asbestos and benzene exposure lawsuit, concluding that the plaintiff had failed to provide specificity with regard to her claims.
N.Y. High Court Affirms Order Tossing $11 Million Asbestos Verdict, Cites Insufficient Evidence Linking Ford Motor’s Conduct with Plaintiff’s Injury
New York’s highest appellate court has affirmed an intermediate appellate court order throwing out an $11 million asbestos verdict, concluding that the “evidence was insufficient as a matter of law to establish that respondent Ford Motor Company’s conduct was a proximate cause of the decedent’s injuries....”
Calif. Jury Awards More than $30 Million to Former Construction Supervisor, Allocates 45 Percent Liability to J-M Manufacturing
A California jury has awarded more than $30 million to a former construction supervisor, finding defendant J-M Manufacturing 45 percent liable for the plaintiff’s mesothelioma, sources told HarrisMartin.
A South Carolina jury has once again failed to reach a verdict in an asbestos talcum powder case against Johnson & Johnson, with the trial court judge declaring a mistrial for the second time in six months, HarrisMartinis reporting.
A California jury has reached a defense verdict at the conclusion of a trial in which a woman contended that she developed mesothelioma as a result of exposure to asbestos fibers in Johnson & Johnson’s talcum powder products.
La. Court Affirms Judgment for Honeywell, Says Turner Owed Indemnification for Asbestos-Related Claims
A Louisiana appellate court has affirmed an award of judgment to Honeywell International Inc. in a dispute over indemnification for asbestos claims, finding that the contract language at issue was unambiguous.