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 Daubert-less, thus improper and warranted new trials.
Continue Reading New Jersey Talc Verdicts Overturned on Appeal for Daubert-Less Expert Opinions

The Iowa Court of Appeals recently affirmed summary judgment for both a premises owner and an installer of asbestos products pursuant to Iowa Code 686B.7(5) (2017), which provides that a defendant in an asbestos action “shall not be liable for exposures from a product or component part made or sold by a third party.”  Beverage v. Alcoa, Inc., No. 19-1852, slip op. (Iowa Ct. App. March 17, 2021).  The Plaintiffs brought suit on behalf of Mr. Beverage, who worked as an independent contractor at an Alcoa aluminum plant around asbestos-containing insulation installed by IITI.  Alcoa and IITI, the only two defendants, filed motions for summary judgment claiming that Section 686B.7(5) provided them with immunity from Plaintiffs’ lawsuit.  The district court granted both Alcoa and IITI’s motions for summary judgment.  On appeal, Plaintiffs argued that the district court erred in granting immunity to Alcoa and IITI by incorrectly interpreting Section 686B.7(5).
Continue Reading Iowa Court of Appeals Affirms Summary Judgment in Asbestos Litigation

Illinois Governor Pritzker signed into law Senate Bill 72 (SB 72), which includes prejudgment interest and amends the Illinois Interest on Judgment Act 735 ILCS 2-1303 (Act). The amendment imposes six-percent prejudgment interest on economic and noneconomic damages in personal injury and wrongful death cases. Prior to SB 72’s passing, Illinois generally only recognized post-judgment interest at nine-percent per annum, running from when the judgment was made to the time it was satisfied. Personal injury plaintiffs generally could not recover losses incurred before judgment, but will be able to following SB 72’s effective date on July 1, 2021.
Continue Reading Illinois Governor Signs Law Imposing Six-Percent Prejudgment Interest

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 Textron, Inc. v. Dickson. The Court found missing any evidence that the employer knew in the 1960s that the millboards at issue contained asbestos. Because there was no evidence the employer had actual, subjective knowledge of any asbestos exposure risk, the employer could not be held liable under Texas law.
Continue Reading Texas Appellate Court Divided On Reversal Of Jury Verdict In Favor Of Mesothelioma Plaintiffs

The Fourth Circuit recently held that a premises owner in an asbestos case was not liable to a pipefitter based on insufficient evidence of exposure and the independent contractor exception to landowner liability.

Continue Reading Fourth Circuit Affirms Summary Judgment Based on North Carolina Independent Contractor Exception

Specific causation in an asbestos matter was addressed in a recent decision by the First Department of the New York Supreme Court. Notably, the decision is the first time an appellate court in New York affirmed a jury verdict in a case where a plaintiff’s mesothelioma was caused by alleged asbestos-containing talcum powder. This decision should have limited, if any, implication on national toxic tort litigation because of the distinct facts relating to the case, however, an analysis of the case can provide valuable lessons for defendants preparing for trial.
Continue Reading Specific Causation Standard Further Addressed in New York

Virtual civil jury trials will be scheduled statewide in New Jersey starting April 5, 2021, with consent to proceed remotely not required as part of the state’s two-phase approach to virtual jury trials for all dockets and tracks during the COVID-19 pandemic.


Continue Reading Virtual Civil Jury Trials Begin Without Consent in New Jersey Beginning April 5

The Tennessee Supreme Court’s opinion in Carolyn Coffman et al v. Armstrong International, Inc., et al., at least implicitly, recognized a “bare metal defense” for the first time under Tennessee law. The Court addressed the issue of whether, under Tennessee law, equipment defendants “had a duty to warn of the dangers associated with the post-sale integration of asbestos-containing materials manufactured and sold by others.” The Court held that, under the Tennessee Products Liability Act (TPLA), Tenn. Code Ann. §29-28-101 through 108, the equipment defendants did not have a duty to warn end users about the post-sale incorporation of asbestos containing products manufactured by third parties.
Continue Reading Tennessee Supreme Court Implicitly Adopts the “Bare Metal Defense”

On August 24, 2020 in Ann Finch v. Covil Corp., 972 F.3d 507 (4th Cir. 2020), the Fourth Circuit Court of Appeals upheld a North Carolina federal district court’s decision, sustaining a $32.7 million verdict in favor of  the plaintiff in an asbestos-related wrongful death lawsuit against insulation contractor Covil Corporation. On appeal, Covil argued that the district court erred in instructing the jury as to proximate cause and refused to reduce the damages award, however the three-judge panel found no fault with the district court’s jury instructions or its rationale for refusing to reduce the jury verdict.


Continue Reading Fourth Circuit Refuses to Reduce Record-Breaking $32.7 Million Asbestos Verdict