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Mealey's Asbestos

  • October 17, 2025

    Family Secures Summary Judgment On Mesothelioma Diagnosis, Asbestos As Cause

    NEW ORLEANS — The family of a man who died of mesothelioma is entitled to summary judgment on the issue of his diagnosis and that asbestos exposure causes the disease, but the defendants may continue to challenge specific causation, a federal judge in Louisiana said Oct. 16.

  • October 16, 2025

    Asbestos Screening Firm Judgment Case To Remain In Federal Court, Judge Says

    MISSOULA, Mont. — A federal judge in Montana denied the United States’ request for remand of a portion of a writ of execution in a case against a Montana asbestos screening firm, saying the government’s “unusual and conflicting arguments” did not persuade him to alter the established plan for resolving the case.

  • October 16, 2025

    OpenAI Says Hawaii Man’s Complaints About AI Not Grounds For Injunction

    HONOLULU — A man’s allegations about potential future harms Hawaii faces from artificial intelligence do not suffice for injury purposes and are at best not redressable by enjoining OpenAI Inc. from operating in the state, the company told a federal judge.

  • October 15, 2025

    Judge Won’t Remand Asbestos Case After Dismissal Of Federal Claims

    NEW ORLEANS — Dismissal of the grounds that gave rise to removal of an asbestos case does not strip a federal court of jurisdiction, and nothing requires the court to decline to exercise supplemental jurisdiction, a federal judge in Louisiana said in denying a motion to sever and remand.

  • October 15, 2025

    Judge Again Remands Goodyear Asbestos Case, This Time With Attorney Fees

    NEW ORLEANS — A federal judge in Louisiana once again remanded an asbestos case involving Goodyear Tire and Rubber Co. and awarded $1,000 in costs and attorney fees after finding no objectively reasonable basis for the second removal.

  • October 14, 2025

    Ohio Court: Trial Court Lacked Jurisdiction Over Employee’s Asbestos Claim

    CLEVELAND — A trial court lacked jurisdiction over asbestos-related workers’ compensation claims, and because the claimant never proceeded through the administrative process, it also lacked jurisdiction over her claim seeking to declare the system unconstitutional as applied to her case, an Ohio appellate court said.

  • October 14, 2025

    New York Federal Judge Orders Talc Study Author To Participate In Discovery

    NEW YORK — A New York federal judge denied a motion by an asbestos plaintiffs’ expert to quash a subpoena for documents and deposition testimony in a discovery dispute with Johnson & Johnson spinoff Pecos River Talc LLC, finding that the requested discovery is relevant and would not be burdensome to produce.

  • October 13, 2025

    Couple: New Trial Motion Coming After Defense Verdict In Asbestos-Pipe Case

    OAKLAND, Calif. — A couple whose asbestos-pipe case a California jury rejected earlier this year filed notice on Oct. 10 stating that they intend to move for a new trial, citing irregularities in the proceedings and errors of law that led a jury to find that a company’s product performed as a consumer would expect and that the company was not negligent.

  • October 10, 2025

    Tire Company Wants Review Of Ruling Reviving North Carolina Workers’ Cases

    RALEIGH, N.C. — A bellwether trial finding lack of exposure evidence in workers’ compensation claims binds all claimants with shared interests, a tire company tells the North Carolina Supreme Court in asking for review of a ruling allowing some of the claims to proceed.

  • October 09, 2025

    U.S. Supreme Court Seeks Response In South Carolina Asbestos Receivership Case

    WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 8 requested responses to a petition challenging a South Carolina justice’s appointment of a receiver over the insurance assets of a solvent Canadian company as a sanction for its failure to participate in discovery in an asbestos action.

  • October 08, 2025

    Pennsylvania Top Court Hears Argument On Liability For Dravo Asbestos Claims

    HARRISBURG, Pa. — The Pennsylvania Supreme Court on Oct. 7 heard oral arguments about whether Dravo LLC’s dissolution imposed a two-year cap on asbestos claims or whether corporate actions left its parent company liable for those claims.

  • October 08, 2025

    Los Angeles Jury Awards $966M For Asbestos-Talc Related Mesothelioma

    LOS ANGELES — A California jury awarded $966 million — including $950 million in punitive damages — in an asbestos-talc case against Johnson & Johnson after finding the company negligent and that it failed to disclose the danger its products posed.

  • October 07, 2025

    Judge: DeVries Doesn’t Free Turbine Maker From Maritime Asbestos Case

    SACRAMENTO, Calif. — A federal judge in California allowed punitive damages to proceed and found sufficient questions about whether a turbine manufacturer required asbestos parts as required by Air & Liquid Sys. Corp. v. DeVries to survive summary judgment but denied a widow summary judgment on the company’s government contractor defense.

  • October 07, 2025

    Plaintiff/Defense Experts Testifying Since Jan. 1, 2002

    The following is a listing of plaintiff and defense experts who testified in trials covered by Mealey's Litigation Report: Asbestos since Jan. 1, 2002.

  • October 07, 2025

    Estate Defends Its Appeal From Dismissal In Asbestos Case

    INDIANAPOLIS — The estate of a woman who died of mesothelioma told an Indiana appellate court that the appendix filed with its brief complies with state law governing such filings and that the court should deny a motion to dismiss the appeal.

  • October 07, 2025

    Kaiser Gypsum Opposes Dental Company’s Post-Verdict Settlement Request

    LOS ANGELES — California law does not permit a good faith settlement finding for a dental supply company that reached the agreement after a jury found it liable for a man’s asbestos exposure and awarded damages but before a punitive damages phase, a joint compound manufacturer told a California judge.

  • October 07, 2025

    New York Justice Finds Jurisdiction Over Talc Manufacturer

    LOCKPORT, N.Y. — A talc manufacturer’s past operations in New York and its deal with a distributor who solicited businesses that it knew would sell consumer products in the state create sufficient contacts for jurisdiction, a New York justice said in denying a motion to dismiss.

  • October 06, 2025

    Honeywell Divests Of Legacy Asbestos Liabilities As Planned Division Continues

    CHARLOTTE, N.C. — Honeywell International Inc. announced in a press release that it has divested itself of Bendix-brand legacy asbestos liabilities with a capitalized corporate liability acquisition platform assuming the risk and indemnifying the company.

  • October 06, 2025

    Amici Urge U.S. High Court To Bar State Court Control Over Foreign Assets

    WASHINGTON, D.C.  — Insurance and business interests told the U.S. Supreme Court that jurisdiction ends at a state’s borders and urged the court to reject a South Carolina justice’s appointment of a receiver over the assets of a solvent Canadian company as a discovery sanction in an asbestos case.

  • October 03, 2025

    Delaware High Court Affirms Loss Of Use Ruling In Workers’ Comp Asbestos Case

    WILMINGTON, Del. — The Delaware Supreme Court in a one-page order affirmed a lower court’s ruling on a man’s loss of use of certain body parts from his asbestos-related disease, saying Delaware Industrial Accident Board and Delaware Supreme Court rulings would be upheld based on the superior court’s bench ruling.

  • October 02, 2025

    Judge Awards $10 Million In Punitive Damages In J&J Asbestos-Talc Case

    BRIDGEPORT, Conn. — A Connecticut judge on Oct. 1 added $10 million in punitive damages to a $15 million verdict, saying the evidence showed that the company employed sub-standard testing and choose to accept only evidence that supported the conclusion that its products were free of asbestos.

  • October 02, 2025

    Judge Won’t Limit Section 1442 Asbestos Removal To Current Federal Officers

    NEW ORLEANS — A ruling finding that removal applied only to current federal officers is distinguishable from an asbestos case and would result in reading the statute too narrowly, a federal judge in Louisiana said in denying remand.

  • October 02, 2025

    Railway Says Remand Bid Aims To Delay Asbestos Screening Firm Judgment

    MISSOULA, Mont. — A railway in a response brief tells a federal judge in Montana that the United States’ motion for partial remand of a writ of execution is just its latest effort to impede collection of a multimillion-dollar judgment from a Libby, Mont., asbestos screening firm.

  • October 02, 2025

    Consumer Expectations, Defect Claims Fell With Negligence Claims, Judge Says

    SEATTLE — An order dismissing asbestos-related negligence and warning claims doomed consumer expectation and design defect claims resting on the dismissed claims, a judge in Washington said in denying a motion for reconsideration.

  • September 24, 2025

    Judge Won’t Stay Asbestos Case Pending Appeal Of Remand Ruling

    PHILADELPHIA — A federal judge in Pennsylvania declined to stay remand while John Crane Inc. appeals a decision finding that post-removal disclaimer of liability for asbestos exposures on government ships prevented federal jurisdiction, saying he was not convinced the ruling triggered an automatic stay or that the court’s conclusion was incorrect.