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Punitive Damages Asbestos

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Oregon Jury Renders $260M Verdict for Plaintiff in Talc Trial

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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

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Gasket/Packing Manufacturer Prevails after Jury Trial

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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

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Court Denies Railway Company’s Renewed Motion for Spoliation; Agrees to Bifurcate Trial

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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

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Boiler Manufacturer’s Motion for Partial Summary Judgment re: Punitive Damages Denied

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Supreme Court of New York, New York County - In this asbestos action, defendant Burnham, LLC moved for partial summary judgment to dismiss the plaintiff’s punitive damages claim on the basis that any alleged asbestos exposure...more

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Motion to Dismiss Damages under Maritime Law Granted in Part

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Jurisdiction: United States District Court for the Central District of California- In this action, the plaintiffs filed suit on behalf of the decedent, William Banks, in Los Angeles County Superior Court and thereafter...more

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A Review of 2023 Efforts to Broaden Wrongful Death Acts

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Several states over the past year have eliminated limitations that have been part of Wrongful Death Acts.  In Maine, the Legislature enacted “An Act to Amend the Laws Governing Damages Awarded for Wrongful Death.”...more

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Motion for Summary Judgment of Gasket and Packing Manufacturer Granted in Part and Denied in Part

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Court: United States District Court for the Northern District of Illinois, Eastern Division - Plaintiffs Chloyde Pelton and Shirley Pelton sued Defendant John Crane Inc. for negligence, willful and wanton conduct, and...more

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Talc Defendants’ Motion to Dismiss Punitive Damages Claim Granted; Motion to Dismiss Civil Conspiracy Claim Denied

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U.S. District Court for the Eastern District of Louisiana - In this asbestos action, plaintiff Michael Simoneaux initially filed suit against his former employers for alleged asbestos exposure. He later amended his...more

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$107 Million Asbestos Verdict Set Aside after Findings of Misconduct

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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

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Talc Defendant Denied Summary Judgment and Summary Adjudication

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Court: Superior Court of California, County of Los Angeles - In this action, defendant Vanderbilt Materials LLC moved for summary judgment of the plaintiffs’ claim that plaintiff Roberto Gonzalez was exposed to asbestos in...more

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Cosmetic Talc Manufacturer Denied Motion for Summary Judgment Regarding Punitive Damages

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Jurisdiction: Supreme Court of New York, New York County; October 5, 2023 - Plaintiff filed a lawsuit alleging her asbestos-related disease was caused by her use of talcum powder products manufactured by, among others,...more

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Boiler Manufacturer’s Motions for Partial Summary Judgment as to Punitive Damages Denied

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Court: Supreme Court of New York, New York County - Defendant Burnham LLC filed motions for partial summary judgment with respect to punitive damages in two actions, DeRoy and Giuliano, on the basis that asbestos exposure...more

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NJ Appellate Court Reverses $223.8 J&J Talc Verdict on Causation Grounds

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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

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Summary Judgment and Adjudication Motions Filed by Three Automotive Product Defendants; Some Granted and Some Denied

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Jurisdiction: Superior Court of California, County of Los Angeles - In this asbestos action, three defendants filed motions for summary judgment, and in some cases, in the alternative, motions for summary adjudication,...more

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Court Issues Final Orders Regarding Various Motions of Automotive Defendants

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Jurisdiction: Superior Court of California, County of Los Angeles - Defendants Mercedes-Benz USA LLC, Morse Tec LLC, and American Honda Motor Co. Inc. filed various motions for summary judgment, or in the alternative...more

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2023 Second Quarterly Asbestos Bankruptcy Trust Alert

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Many bankruptcy trusts expanded their approved jobsite lists in the second quarter of 2023, allowing compensation for more individuals who claim to have an asbestos-related injury. However, as can be seen below, many trusts...more

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Boiler Manufacturer’s Motion to Dismiss Denied

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Court: Supreme Court of New York, New York County (NYCAL) - In this asbestos action, boiler defendant Burnham LLC was sued for a variety of claims, including failure to warn, loss of consortium, and punitive damages....more

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Supplier Defendant Succeeds in Opposing Punitive Damages

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Superior Court of California, County of Los Angeles - In this asbestos action, the court considered various defense motions. Defendant Western Auto Supply company filed a request opposing punitive damages, arguing...more

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Judge Finds Question of Fact Regarding Boiler Manufacturer’s Warnings; Denies Motion for Summary Judgment as to Punitive Damages

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Jurisdiction: Supreme Court of New York, New York County - In this asbestos-related lawsuit, the plaintiff alleged he was exposed to asbestos while working with, and around, boilers manufactured by defendant, Burnham,...more

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Talc Supplier’s Motion for Summary Judgment Denied as to Causation, Granted as to Punitive Damages

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Court: Supreme Court of New York, Erie County - In this asbestos matter, plaintiffs claimed that decedent, Jeffrey Campise, was exposed to asbestos through consumer talcum powder products. Plaintiffs filed suit against a...more

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Boiler Manufacturer Partial Motions for Summary Judgment on Punitive Damages Denied

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Court: Supreme Court of New York, New York County (NYCAL) - In these asbestos actions, defendant Burnham LLC moved for partial summary judgment seeking the dismissal of the plaintiffs’ punitive damage claims, arguing the...more

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Asbestos Year in Review: Punitive Damages in Asbestos Litigation

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In asbestos litigation, it is common for plaintiffs to demand punitive damages, alleging that the conduct of some or all of the defendants was so egregious that the defendants must pay exemplary damages. Unlike compensatory...more

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Appellate Division Reverses Trial Court’s Denial of Dismissal of Punitive Damages Claim

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Supreme Court of New York, Appellate Division, First Department - Plaintiffs Victor Arana and Romeo Maffei, both allege asbestos exposure from working with asbestos cement pipe previously distributed by the defendant, J-M...more

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Boiler Manufacturer Directed to Appear for Punitive Damages Deposition

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Supreme Court of New York, Appellate Division, First Department - In this asbestos action, Defendant Burnham (“Burnham”) moved to vacate the NYCAL Special Master’s ruling directing Burnham to appear for a deposition with...more

Husch Blackwell LLP

NYCAL Defendants Lose Requested Case Management Order Amendment Severing Punitive Damages

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On November 4, 2022, the New York City Asbestos Litigation (NYCAL) coordinating Judge Adam Silvera issued a long-awaited decision denying defendants’ motion to sever punitive damages in asbestos claims filed in NYCAL....more

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