2BInformed: Engaging with EPA, OSHA’s New Regulation, and Asbestos
Court: Superior Court of Pennsylvania - In this asbestos appeal, appellant Sandra Pendergrass — the administratrix of the estate of decedent, Vernetta Merie Coe — appealed the Court of Common Pleas of Erie County Civil...more
Court: United States Bankruptcy Appellate Panel for the Ninth Circuit - Debtor Ben Nye Co. Inc., a manufacturer and distributer of theatrical makeup, filed for subchapter V bankruptcy in March 2024. Its proposed bar date...more
This insurance-coverage dispute involved alleged asbestos exposure from asbestos-containing vermiculite mined from Vermiculite Mountain outside of Libby, Mont. The court acknowledged that vermiculite ore may contain toxic...more
Jurisdiction: Illinois Circuit Court – Cook County - This lawsuit involved a survival and wrongful death action brought under the Federal Employers’ Liability Act (FELA) in Illinois. Plaintiff, Annette Sanders, represented...more
The U.S. Environmental Protection Agency on Dec. 3 issued Part 2 of a final risk determination providing an overview of the hazards of asbestos “to workers in certain conditions.” The agency will soon begin the risk...more
Court: Court of Appeal of California, First Appellate District, Division Two - Plaintiff Steven Watts filed a lawsuit in the Superior Court of Alameda County, California naming 36 defendants who were alleged to have...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: Court of Appeals of Texas, Fourteenth District, Houston - Carolyn and Frank Burford were married from November 1962 until Carolyn’s death in 2015. While married, Frank Buford worked for Alcoa at its aluminum smelter...more
Court: United States Court of Appeals for the Fifth Circuit - Plaintiff Harry Marsh worked as a merchant mariner from 1944 to 1992. He was diagnosed with mesothelioma in 2018 and subsequently sued the owner of every vessel he...more
Court: Supreme Court of South Carolina - In this mesothelioma matter, the Supreme Court of South Carolina granted a writ of certiorari to review decisions of the South Carolina Court of Appeals affirming the trial court’s...more
Court: Supreme Court of New York, Appellate Division, First Department - In this asbestos action, defendant Jenkins Bros. sought a judgment notwithstanding the verdict, a new trial, or remittitur of a verdict awarding...more
Supreme Court of New York, Appellate Division, First Department - In July 2023, the trial court denied a door manufacturer’s motion to dismiss. Upon appeal, the Supreme Court, Appellate Division, First Department found...more
Court: Superior Court of California, County of Los Angeles, Civil Division - In this asbestos action, a California state court set aside a $107 million verdict against defendants Union Carbide Corp., Elementis Chemicals...more
Court: United States District Court for the Western District of North Carolina, Charlotte Division - As previously reported here in the Asbestos Case Tracker, in 2017 Bestwall LLC became solely responsible for all...more
Rulings by the United States Supreme Court profoundly impact insurers as businesses and corporate citizens. Additionally, decisions from the U.S. Supreme Court can also influence claims and policyholders' liabilities for...more
Court: The Superior Court of New Jersey, Appellate Division - Johnson & Johnson has successfully appealed a $223.8 judgment against it following a trial involving allegations of asbestos-contaminated talcum powder in...more
Jurisdiction: Supreme Court of New York, New York County - In this matter, Rockwell Automation, Inc. sought to dismiss the action against them on grounds that the plaintiff was not exposed to asbestos from burners...more
Court of Appeal of Florida, Fourth District - The plaintiffs, John and Joanne Fleemin, filed the instant products liability lawsuit against numerous defendants, including Lornamead, Inc., a Delaware corporation with its...more
As previously reported in the Asbestos Case Tracker here, in June 2022 a jury awarded plaintiff Munir Seen $15 million, allocating 70 percent of the fault to joint compound manufacturer Kaiser Gypsum. Following the trial,...more
Court: United States Court of Appeals for the Third Circuit - In 2016, plaintiff Richard Nybeck sued various product manufacturers in the Philadelphia County Court of Common Pleas, alleging he developed lung cancer after...more
On January 30, 2023, the Third Circuit dismissed Johnson & Johnson (J&J)’s subsidiary LTL’s Chapter 11 bankruptcy petition because the facts did not support the financial distress required for the entity’s good faith filing...more
Supreme Court of New York, New York County - Plaintiff Jane Wixted, individually and as executrix of the estate of decedent Thomas Wixted, filed the instant lawsuit claiming that the decedent was exposed to asbestos in...more
Recently, KCIC posted their 2022 Mid-Year Asbestos Filings Update. This update is compiled using information collected through July 31st. This article illustrates some highlights from the update....more
It is virtually a law of legal physics in California that liability tends to expand until a critical mass of appellate courts rule that it has reached its limit, or the Supreme Court puts up a stop sign (a vanishingly rare...more
Under the Restatement (Third) of Torts: Products Liability § 5, Comment b (1998), the supplier of a product generally must warn about only those risks associated with the product itself, not those associated with the...more