Bill on Bankruptcy: The Market's Unquenchable Thirst for Junk
On Jan. 6, a Pittsburgh jury concluded a month-and-a-half long trial involving a suit asserting that decedent Michaeleen Lee developed mesothelioma from exposure to asbestos-containing talcum powder products made by Johnson &...more
The 2024-2025 Judicial Hellholes report shines its brightest spotlight on 10 jurisdictions that have earned reputations as Judicial Hellholes. Asbestos litigation continues to be a trend within numerous jurisdictions....more
Court: Supreme Court of New York, New York County - In this asbestos action, defendant Dykes Lumber moved for summary judgment, arguing it established a prima facie case for lack of causation under Nemeth v. Brenntag....more
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
Court: Supreme Court of the State of New York, Nassau County - In this asbestos action, plaintiff Donna Daniell alleged asbestos exposure from working near auto mechanics, including her husband, Robert, while they used...more
U.S. District Court for the Eastern District of Louisiana Decedent James Grant Gooding was employed at various shipyards in Louisiana between 1970 and 1979. On March 4, 2020, he filed suit against a variety of premises...more
The national asbestos litigation machine is running at full speed even though the system is more than five decades old. The machine is national in scope, but it only operates in relatively few state and county jurisdictions....more
State of New York, Supreme Court, County of Niagara, November 4, 2022 - Plaintiffs Benedict Viglietta and Terri Viglietta alleged that Mr. Viglietta developed mesothelioma as a result of his exposure to asbestos while...more
U.S. District Court for the Eastern District of Louisiana, October 24, 2022 - Plaintiff Ronald John Falgout, as the independent executor and successor of decedent Ruby Lee Marie Falgout, brought this action in October...more
Supreme Court of New York, New York County, September 22, 2022 - In this NYCAL action, Decedent Maryann Purser (“Decedent”) alleged that she developed pleural mesothelioma through the use of Cashmere Bouquet talcum...more
United States District Court for the Eastern District of Louisiana, September 29, 2022 - The Callen Cortez (“Plaintiff”) matter has been previously reported by the Asbestos Case Tracker. At current issue is the...more
United States District Court for the Eastern District of Louisiana, September 6, 2022 - Plaintiff Ora Adams alleges that her husband, Lional Adams, was exposed to asbestos at defendant, Avondale’s, New Orleans area...more
U.S. District Court for the Eastern District of Louisiana, August 23, 2022 - Decedent Callen Cortez sued defendant Hopeman Brothers Inc., among others, claiming that alleged asbestos exposures caused him to develop...more
Supreme Court of New York, Appellate Division, First Department, July 19, 2022 - On July 19, 2022, the First Department reversed three New York City Asbestos Litigation (“NYCAL”) decisions that denied summary judgment to...more
Supreme Court of New York, Appellate Division, First Department, July 19, 2022 - In 2017, Plaintiff Donna Olson (“Plaintiff”) filed suit against Johnson & Johnson (J&J), claiming that her lifelong use of J&J talcum powder...more
Causation is a vital component of any environmental or toxic tort lawsuit. The idea of causation requires that a plaintiff show a causal connection between their injury and the defendant's action to ensure remedies for the...more
While trials and in person court conferences are starting to trickle in, some jurisdictions such as New York still managed to hold its position as a judicial hellhole in 2021. According to American Tort Reform Foundation...more
The High Court's decision in Dring v Cape has set out a new balancing test for third party access to documents disclosed during litigation. The new approach should provide some comfort to defendants that are subject to...more
Iowa became the first state to enact a law addressing the over-naming of defendants in asbestos litigation this month. Signed June 1, the new law requires a plaintiff to file a sworn affidavit, in addition to the initial...more
A recent Pennsylvania case presents the question: can a party rely on its co-defendant’s objections at trial, or must it join in an objection or make its own? In Amato v. Bell & Gossett, 116 A. 3d 607 (Pa. Super 2015),...more