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 #221, March 2019
Calif. Jury Awards $937,500 at Conclusion of Lung Cancer Asbestos Trial, Allocates 60 Percent Fault to Plaintiff
A California jury has awarded $937,500 at the conclusion of a lung cancer trial, but reached a defense verdict in favor of one of the remaining defendants and allocated a total of 30 percent fault to the two other companies remaining in the case at the time of the verdict.
Parties in an asbestos cosmetic talcum powder case are currently delivering closing arguments in what is believed to be the first asbestos-related cosmetic talcum powder case to proceed to trial against Johnson & Johnson in Alameda County.
The U.S. Food and Drug Administration has announced its finding from testing it conducted on talc-based products sold in Claire’s and Justice stores, saying that it found asbestos in three product samples from Claire’s and one of the product samples from Justice.
A New York court has denied summary judgment motions filed by two defendants in two separate asbestos actions, finding in one that the testimony gives rise to a credibility determination and it is not the court’s role to resolve conflicting testimony.
American Biltrite’s efforts to obtain summary judgment in a colon cancer asbestos case were rejected by a New York court, which opined that the conflicting evidence raises questions of fact to be determined by a jury.
Ala. Federal Court Grants Motion to Dismiss in Asbestos Cosmetic Talc Case, Says Plaintiff Failed to Establish Jurisdiction
An Alabama federal court has granted a defense motion to dismiss in an asbestos cosmetic talcum powder case, finding that the plaintiff had failed to establish specific jurisdiction in the case.
Mass. Supreme Court: Statute of Repose Eliminates All Tort Claims, Even Those With Extended Latency Period
The Massachusetts Supreme Court has determined that the state’s statute of repose eliminates all tort claims arising out of deficiency in an improvement to real property after six years, even if that cause of action arises from an illness with an extended latency period, like asbestos exposure.
N.Y. Court Remands Asbestos Cosmetic Talc Action, Says Plaintiffs Showed Possibility of Recovering Damages Against In-State Defendant
A New York federal court has remanded an asbestos cosmetic talc action, saying that the plaintiffs had sufficiently asserted allegations connecting the in-state defendant’s conduct to the plaintiff’s injuries, creating at least “some possibility” that plaintiffs could recover damages against the company.
Issue #220, February 2019
Mo. Federal Court Retains Jurisdiction of Asbestos Cosmetic Talc Case, Dismisses PTI Union from Suit
A Missouri federal court has retained jurisdiction of an asbestos cosmetic talcum powder case and granted a motion by the lone in-state defendant to dismiss the claims asserted against it, concluding that it is “clear” that the Missouri-based company was “never involved in the production of Johnson’s Baby Powder.”
Calif. Court Remands Asbestos Default Judgment Dispute Back to Trial Court, Asks for Clarification on Order
A California appellate court has remanded an asbestos dispute asking the court for further clarification on how it exercised discretion in granting an insurance company’s motion for relief from the default judgment.