Pump manufacturer Nash Engineering Company appears to have recently become the latest casualty of asbestos litigation. On October 19, 2021, Nash Engineering filed for Chapter 7 bankruptcy in the United States Bankruptcy Court for the District of Connecticut. If Nash Engineering’s petition for relief is approved, this will spell the end of the 100-year-old corporation. Nash Engineering now joins a list of more than 60 other companies that have been forced to declare bankruptcy due to the burden of their asbestos-related liabilities.
Continue Reading Is Nash Engineering the Latest Company Bankrupted by Asbestos Litigation?

In the most recent round of the long-running litigation over hearing protection supplied by manufacturing giant 3M and used by U.S. Military personnel from 2002 until 2015, Plaintiffs have obtained large verdicts in 3 out of 4 bellwether cases against 3M.

Continue Reading Bellwether Military Earplug Verdicts Underscore Importance of Establishing the Government-Contractor Defense

On October 1, 2021, California Governor Gavin Newsom signed California Senate Bill No. 447 into law, which permits a deceased individual’s personal representatives or successors-in-interest to recover damages for the decedent’s pain, suffering, or disfigurement in a lawsuit. Prior to this law, those suing on behalf of a deceased individual were limited solely to damages

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 trial nisi additur, and (3) denied motions to quash subpoenas requiring defendants’ corporate representatives to appear and testify at trial.  The appeal was brought by two defendants, Fisher Controls International, LLC and Crosby Valve, LLC (hereinafter “Defendants”) who had received an adverse verdict following trial in July 2017. Most notably, the circuit court had granted the Plaintiffs’ motion for a new trial nisi additur and increased the total jury verdict from $300,000 to $1.87 million. This article examines several holdings in the Jolly opinion which present future implications for asbestos litigation in South Carolina, particularly with regard to the causation standard, the sophisticated intermediary doctrine, additur, and the setoff of verdicts.

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

On September 27, 2021, after 18 days of trial and a mere hour of deliberations, a City of St. Louis, Missouri jury rendered a defense verdict in favor of Johnson & Johnson (“J&J”) on claims of three women diagnosed with ovarian cancer. Forrest v. Johnson & Johnson, et al., No. 1522-CC00419-02 (Mo. Cir. Ct., St. Louis Cty.). Notably, in 2018, a City of St. Louis jury returned a staggering $4.7 billion verdict in favor of 22 woman who claimed that J&J’s asbestos-contaminated talcum powder caused their ovarian cancer. 
Continue Reading Jury Returns Defense Verdict in Third Post-Pandemic Ovarian Cancer Talc Trial

On June 1, 2021, the United States Supreme Court declined to hear Johnson & Johnson’s (J&J) appeal to overturn a $2.12 billion dollar damages award to 22 female plaintiffs who alleged their ovarian cancer was caused by J&J’s talcum powder products. This is a significant setback for defendants in defending consolidated multi-plaintiff mass tort trials and a juries ability to award large punitive damage awards.
Continue Reading United States Supreme Court Declines to Hear Talcum Powder Appeal

Utah’s Supreme Court recently issued an opinion which dramatically expands premise owners’ liability for asbestos-related injuries. On August 5, 2021, the Court reversed Utah’s Court of Appeals and held that a lawsuit could proceed against two premises owners on the theory that asbestos dust from their facilities was brought home on the clothing of a non-employee contractor, causing his spouse to develop mesothelioma. For the first time, premises owners or operators may be liable for injuries alleged by anyone living under the same roof as one of their former contractors.
Continue Reading Utah Expands Premise-Owner Liability To Take-Home Asbestos Plaintiffs

On July 7, 2021, U.S. District Court Judge Eduardo C. Robreno, who oversees the asbestos multi district litigation (MDL 875) in the Eastern District of Pennsylvania, applied a new standard set forth by the U.S. Supreme Court in Air & Liquid Sys. Corp. v. DeVries, 139 S. Ct. 986 (2019) in granting summary judgment for two turbine defendants accused of causing the decedent’s asbestos-related disease. Defendants General Electric (GE) and CBS Corporation (CBS) allegedly incorporated asbestos-containing components on their products to which the decedent was later exposed. Judge Robreno concluded that, even under the Supreme Court’s new maritime bare metal test, plaintiffs failed to show that the turbines supplied by defendants required the incorporation of asbestos insulation and that the defendants therefore had no duty to warn of any alleged hazards. Whether a defendant’s product “required” the incorporation of an asbestos-containing component is a threshold factor in determining if the defendant can be liable for causing or contributing to an asbestos-related disease under the Supreme Court’s new standard. Devries, et al., v. General Electric Co., et al., Case No. 5:13-cv-00474.
Continue Reading Pennsylvania Court Applies Maritime Bare Metal Test in Favor of Defendants

On June 1, 2021, the United States Supreme Court announced it would not accept Johnson & Johnson’s petition for certiorari seeking to overturn a $2.12 billion dollar damages award rendered in Missouri to twenty-two Missouri women who alleged their ovarian cancer was caused from microscopic asbestos fibers in the company’s baby powder and other talc products.
Continue Reading A Focus on Missouri’s Tort Victim Fund

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