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Punitive Damages Asbestos Litigation

Goldberg Segalla

Pittsburgh Jury’s Attempt to Award $22 Million in Johnson & Johnson Talc Case Highlights Trial Complexities

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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

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Judicial Hellholes: 2024-2025 Executive Summary

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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

Husch Blackwell LLP

Connecticut Court Awards Punitive Damages in Recent Asbestos Trial

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The Estate of Nicholas Barone trial in Bridgeport Superior Court in Connecticut before Judge William Clark concluded with a $15 million plaintiff’s verdict on 5/16/2024. The jury also awarded punitive damages, the exact...more

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Court Awards $7.5 Million in Punitive Damages to Connecticut Plaintiff

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Jurisdiction: Superior Court of Connecticut, Judicial District of Bridgeport at Bridgeport Decedent Nicolas Barone was diagnosed with mesothelioma in May 2022. His surviving spouse, Kathryn Barone (plaintiff)brought suit in...more

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New York Jury Awards $600,000 in Mechanic’s Mesothelioma Case

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New York Supreme Court – New York County In this asbestos action, plaintiff Michael C. Wagner filed a lawsuit in the Supreme Court of New York – New York County, alleging occupational exposure to asbestos because of his...more

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Jury Awards Verdict against Automotive Manufacturer; No Punitive Damages Found

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Court: Supreme Court of the State of New York, County of New York (NYCAL) - A jury earlier this month awarded a plaintiff’s verdict in the Supreme Court of the State of New York, County of New York (NYCAL)....more

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Connecticut Jury Returns $15M Verdict against J&J in Talc Trial

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Court: Fairfield County, Connecticut Superior Court - A Connecticut jury on Tuesday awarded a $15 million dollar plaintiff’s verdict against Johnson & Johnson and several subsidiaries.  ...more

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Boiler Manufacturer’s Motion for Partial Summary Judgment on Punitive Damages Claims Denied

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Court: Supreme Court of New York, New York County (NYCAL) - In this asbestos action, defendant Burnham LLC moved for partial summary judgment to dismiss plaintiffs’ punitive damages claim. Specifically, Burnham argued that...more

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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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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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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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