News & Analysis as of

Asbestos Appellate Courts

McCarter & English, LLP

New York Appellate Ruling in Talc Case Has Implications on Choice of Law Inquiry in Toxic Tort Matters

The New York Appellate Division, First Department issued an important ruling on May 21, 2024, in In Re: New York City Asbestos Litigation, Patricia Rasso, as independent executor of The Estate of Linda English, deceased v....more

Goldberg Segalla

Chicago Jury Returns $45M Plaintiffs Verdict in Talc Trial

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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

Husch Blackwell LLP

Court of Appeals of Louisiana Affirms Second 8-Figure Verdict of 2023

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In a move that further cements Louisiana’s place as the 7th Ranked Judicial Hell Hole of 2023, the Court of Appeals of Louisiana affirmed a second 8-figure verdict of 2023 for a mesothelioma personal injury case in Strauder...more

Goldberg Segalla

Dryer Felt Manufacturer’s Judgment Upheld on Appeal

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Court: Court of Appeals of Washington, Division One - In this asbestos action, decedent Kevin Holdsworth worked at a paper mill in Camas, Washington from 1964 to 2001. He alleged exposure to asbestos from several sources...more

Harris Beach PLLC

California Appellate Court Provides Relief to Defendants by Reining in Misapplication of Punitive Damages

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Mass tort defendants frequently defend lawsuits in venues like Los Angeles County, California, which are favored by plaintiff firms due to their plaintiff-favorable law and propensity for large verdicts. In a recent decision...more

White and Williams LLP

New York's Highest Court Says Asbestos Causation Requires Evidence Of Sufficient Exposure To Sustain Liability

On April 26, 2022, the New York Court of Appeals described that in toxic tort cases a plaintiff can only establish liability-creating causation for an adverse health effect with “expert testimony based on generally accepted...more

White and Williams LLP

New York Appellate Court Restores Insurer’s Right to Seek Pro Rata Allocation of Settlements Between Insured and Uninsured Periods

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In Liberty Mut. Ins. Co. v. Jenkins Bros., 2022 N.Y. App. Div. LEXIS 1846 (App.Div. 1st Dept. March 22, 2022), the New York Supreme Court, Appellate Division, First Department, issued a ruling reversing the trial court and...more

Husch Blackwell LLP

South Carolina Court of Appeals Approves Cumulative Dose Theory, Increased Verdict For Plaintiffs

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On September 1, 2021, the South Carolina Court of Appeals affirmed the circuit court’s decision in the matter of Jolly v. General Electric, et al. in which it had (1) denied defendants’ motion for a JNOV, (2) granted a new...more

Husch Blackwell LLP

New Jersey Talc Verdicts Overturned On Appeal For Daubert-Less Expert Opinions

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A New Jersey appeals court recently overturned talc verdicts totaling $117 million in damages against Johnson & Johnson Consumer Inc. (JJCI) and Imerys Talc America, Inc. (Imerys) after finding expert testimony was...more

Husch Blackwell LLP

Texas Appellate Court Divided On Reversal Of Jury Verdict In Favor Of Mesothelioma Plaintiffs

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The Dallas Court of Appeals sitting en banc recently denied review of a panel decision that reversed an $8.8 million dollar asbestos verdict and rendered a take-nothing judgment in favor of an employer in Bell Helicopter...more

Husch Blackwell LLP

Personal Jurisdiction Over Foreign Corporation Asserted By Minnesota Court Of Appeals

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Personal jurisdiction over a foreign corporation was asserted by The Minnesota Court of Appeals in a recent asbestos case. The court found that the company’s former asbestos-tile factory in the state provided sufficient...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Asbestos/Duty to Maintain: Court of Appeals of Washington Addresses Housing Authority Violation

The Court of Appeals of Washington, Division 1 (“Court of Appeals”) in a June 8th opinion affirmed a King County Superior Court’s (“Superior Court”) decision addressing issues involving application of the state’s asbestos...more

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