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

In April, the U.S. District Court Eastern District of Louisiana upheld the reduction of a large toxic tort verdict in James Gaddy, et al. v. Taylor-Seidenbach, Inc., et al., No. CV 19-12926. Plaintiff sought reconsideration of the remitted verdict which reduced the jury’s initial award of general damages from $7.5 million to $3 million.
Continue Reading Toxic Tort Monitor: Louisiana Upholds Reduction of a Large Toxic Tort Verdict

Mallet, legal code and scales of justice. Law concept, studio shotsLitigators have closely followed a recent decision that has provided needed guidance and has reshaped how asbestos liabilities are apportioned in strict liability cases. On February 19, 2020, the Pennsylvania Supreme Court issued its long-awaited opinion in Roverano, et al., v. John Crane, Inc., et al., 6 EAP 2018 (Pa. Feb. 19, 2020), which held that in strict liability asbestos cases, damages are to be split per capita among remaining defendants, and that the Fair Share Act under 42 Pa.C.S. § 7102 does not require percentage apportionment of liability in strict liability cases. The decision further held that bankruptcy trusts may be included on the verdict sheet to bring more parties to the table for the purpose of apportioning liability only.

Continue Reading Toxic Tort Monitor: Supreme Court of Pennsylvania Rejects Fair Apportionment of Liability Among Strictly Liable Defendants Under the Fair Share Act

New Jersey based pharmaceutical, medical and consumer goods giant Johnson & Johnson has found itself at the center of national litigation conversation over the last few years due to explosive verdicts rendered against it over allegations that its talcum powder causes ovarian cancer and asbestos-related respiratory illnesses. In 2016 and 2017, Johnson & Johnson saw four verdicts in St. Louis ovarian cancer cases alone, with verdicts rendered in favor of the female plaintiffs of approximately $55 million, $70 million, $72 million and $110 million. Perhaps most shocking, however, was a $4.69 billion verdict obtained by twenty-two (22) different women suffering from ovarian cancer. In addition to $550 million in compensatory damages, the jury ordered Johnson & Johnson to pay $4.14 billion in punitive damages. Despite the trial itself exceeding six weeks, the St. Louis jurors reportedly reached their conclusion and verdict in less than one day. A Los Angeles jury ordered Johnson & Johnson to pay a California woman $417 million in damages in 2017, including $347 million in punitive damages.

Continue Reading Summary of 2019 Talc Verdicts