2BInformed: Engaging with EPA, OSHA’s New Regulation, and Asbestos
Superior Court of Delaware, New Castle - In the asbestos action Burhenn v. Celotex Asbestos Settlement Trust, the court granted defendant Celotex’s motion to dismiss on the grounds that the complaint was untimely filed. In...more
Jurisdiction: United States District Court for the Eastern District of Louisiana - Plaintiff Irma Lee LaGrange filed a motion in this asbestos action seeking the court to decline supplemental jurisdiction and remand to state...more
Observers of filing trends in personal injury mesothelioma matters alleging exposure to talc contaminated with asbestos have noted that the bankruptcy filing of a predominant defendant in those matters did little to slow the...more
The Third Circuit recently affirmed entry of summary judgment in favor of General Electric (“GE”) on grounds of derivative sovereign immunity. The Third Circuit found that GE was entitled to derivative sovereign immunity...more
The potential causative relationship between exposure to cosmetic talc and asbestos-related disease is of particular interest considering recent, high-visibility cases being litigated across the United States. Talc is a...more
Workers at asbestos job sites in the state of Texas may be at risk of developing mesothelioma, asbestos lung cancer, or other diseases as a result of asbestos exposure....more
Court: Circuit Court of Cook County - A Cook County jury on July 29 returned a Plaintiff’s verdict after a weeks-long trial against personal care and cosmetic manufacturer Avon Products Inc....more
Exposure to airborne asbestos has been linked to an increased risk of several serious and debilitating diseases, including mesothelioma, asbestos lung cancer, and other types of cancer....more
California Superior Court, Alameda County - Decedent Gene Hankes Sr. passed away of mesothelioma at 85 years old. His estate brought this action against various brake manufacturers and auto-parts suppliers....more
Fourth Judicial District Circuit Court for Mulnomah County, Oregon (Portland) In this matter, plaintiff Kyung Lee claimed that she developed mesothelioma from her use of Johnson & Johnson baby powder, which she alleges was...more
U.S. District Court for the Northern District of California Plaintiffs James and Lucretia Sarjeant brought suit in California state court following Mr. Sarjeant’s diagnosis of malignant mesothelioma. He alleged exposure from...more
Court: United States District Court for the District of Massachusetts Decedent Arnold L. Pritt was diagnosed with singular mesothelioma, epithelioid type in September 2019. He alleged he was exposed to asbestos during his...more
Court: Supreme Court of New York, Appellate Division, First Department - In November 2023, a jury awarded plaintiff $15m for past pain and suffering and found defendant Kaiser Gypsum Company 70-percent liable. Kaiser...more
Court: Supreme Court of New York, Appellate Division, First Department - In September 2023, the trial court denied talc defendant Colgate-Palmolive Co.’s motion for summary judgment to dismiss the complaint against it. On...more
Court: United States District Court for the Southern District of New York - Plaintiff Brian Joseph Gref alleged that his use of talcum-powder products caused his diagnosis of peritoneal mesothelioma....more
Jurisdiction: Court of Appeals of Iowa - We previously reported on this matter involving the decedent, Charles Beverage, who was employed as an independent contractor at an aluminum plant between the 1950s and the mid-1970s....more
U.S. District Court for the Eastern District of Louisiana - Decedent Terry J. LeGendre worked for defendant Huntington Ingalls, Inc. (Avondale) from October 1967 to January 1968. He was later diagnosed with and died from...more
Court: United States District Court for the District of Montana, Great Falls Division In connection to defendant Burlington Northern Santa Fe Railway Company’s ongoing litigation in Libby, Montana (covered extensively by the...more
Court: Circuit Court of Cook County, Illinois - On April 19, a Chicago jury ordered Johnson & Johnson to pay $45 million to the family of a Cook County woman named Theresa Garcia who died from mesothelioma, allegedly caused...more
Court: Superior Court of Pennsylvania - In this asbestos action, appellant American International Industries (AII) appealed from a judgment entered in December 2022 awarding damages to appellee, Holly Fisher, executrix of the...more
Superior Court of California, County of San Francisco - Plaintiff Lisa Castillo filed an action in the San Francisco, California Superior Court alleging that her husband, Abraham Castillo, died of mesothelioma as a result of...more
The shipping industry is an extensive and foundational mode of global transportation and resource distribution. The men and women who work aboard the U.S. fleet are routinely exposed to varying types of cargo, machinery, and...more
Federal Rule of Evidence 702 - The admission of expert testimony in federal courts is governed by Rule 702 of the Federal Rules of Evidence. Effective December 1, 2023, Rule 702 was amended to clarify the “preponderance of...more
Jurisdiction: United States District Court for the Middle District of North Carolina - Marshall E. Pike worked in the farm-equipment manufacturing and maintenance field for the duration of his 55-year career. This included...more
Jurisdiction: United States District Court for the Southern District of Florida - Decedent John McCabe died from malignant epithelioid mesothelioma in January 2023, following a career as an aircraft mechanic. His estate...more