Mesothelioma Court Rulings & Legislation

Montana Passes Bill That Risks Mesothelioma Victims’ Payouts

April 7, 2025 | Throneberry Law Group

Montana’s House of Representatives recently passed three bills aimed at reducing corporate responsibility in asbestos-related lawsuits, making it significantly harder for individuals affected by asbestos exposure to pursue justice and compensation. While proponents of the bills claim that this will help prevent excessive lawsuits against businesses, critics contend that this move protects BNSF Railway from accountability at the expense of victims. This has sparked outrage in Libby, Montana, where mesothelioma victims and their families fear they will lose their right to seek justice. If these bills become law, BNSF Railway, a company previously found responsible for asbestos-related illnesses and deaths, could be shielded from further lawsuits, stripping victims of the compensation they deserve.

Libby has experienced one of the most severe environmental and public health crises in the United States. The crisis stemmed from the W.R. Grace & Co. vermiculite mine, which contaminated the town with asbestos fibers, leading to widespread illness and deaths. Thousands of Libby residents have been diagnosed with mesothelioma, asbestosis, and other fatal diseases due to prolonged asbestos exposure. The disaster was so severe that in 2009, the federal government declared a public health emergency in Libby.

Caving under the pressure of many asbestos lawsuits against it, W.R. Grace declared bankruptcy years ago. However, other companies, like BNSF Railway, have also been found responsible for transporting asbestos-contaminated materials and not protecting workers and residents. Victims and their families have sued these corporations and received compensation, including medical expenses, lost wages, and pain and suffering.

Court Rejects Shipyard’s Immunity Claim in Mesothelioma Lawsuit

April 5, 2025 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as N.L.

In a recent court ruling, a shipyard’s attempt to claim immunity in a mesothelioma lawsuit was denied, maintaining the company’s accountability for failing to protect workers from asbestos exposure. The case was brought by the plaintiff, N.L., a former employee of Avondale Shipyard, who was diagnosed with malignant mesothelioma decades after working there in the 1970s and 1980s. In his lawsuit, filed in Louisiana state court, he argued that the shipyard had failed to warn him about the dangers of asbestos or take necessary precautions to prevent exposure. The company, which Huntington Ingalls Incorporated now owns, attempted to escape liability by claiming immunity as a federal contractor. However, the court rejected this defense, ruling that Avondale didn’t meet the legal standard for such protection.

In his lawsuit, N.L. names multiple companies, including Huntington Ingalls Incorporated, alleging that his exposure to asbestos dust at the shipyards and outside of work when visiting his coworkers directly contributed to his illness. Avondale moved the case to federal court, arguing that because the ships built at the yard were for the U.S. government, they acted under federal authority and should, therefore, be immune from liability. In response, N.L. filed a petition for summary judgment, challenging the company’s immunity claim.

How to Prove Negligence in a Mesothelioma Lawsuit

April 2, 2025 | Throneberry Law Group

Mesothelioma is a rare but aggressive cancer caused by prolonged exposure to asbestos. Asbestos has been widely used in construction, manufacturing, and other industries for decades because of its heat resistance and durability. Unfortunately, many companies knew of its dangers but failed to warn workers or provide proper protection. This negligence left many workers exposed to toxic asbestos fibers, leading to the development of mesothelioma and other health issues years later.

If you or a loved one has been diagnosed with mesothelioma, proving negligence is key to holding the responsible parties accountable and securing the compensation you deserve. But how do you prove that your employer, manufacturer, or another party acted negligently? Read on to learn more.

Establishing Duty of Care and Breach

What to Expect During a Mesothelioma Lawsuit

March 26, 2025 | Throneberry Law Group

Mesothelioma is a devastating diagnosis that can flip one’s life upside down. In addition to the physical pain, a patient may also undergo emotional distress and financial hardship as a result of this aggressive cancer caused by asbestos exposure. If you or a loved one is navigating this challenging journey, a mesothelioma lawsuit may be a way to hold the responsible parties accountable and secure much-needed financial support. In this blog, we will guide you on what to expect during a mesothelioma lawsuit and how having an experienced mesothelioma attorney by your side can make all the difference in your case.

Steps in a Mesothelioma Lawsuit

Filing a mesothelioma lawsuit involves several key steps, as outlined below:

New York Court Rejects Auto Companies’ Bid to Dismiss Mesothelioma Lawsuit Over Jurisdiction

March 19, 2025 | Throneberry Law Group

For purposes of this article, the mesothelioma victim, in this case, will be referred to as J.B.

When mesothelioma victims file a lawsuit to hold the responsible parties accountable, the defendants will employ every possible legal argument to avoid being held responsible. One strategy is to challenge the court’s jurisdiction, claiming that the case should be heard in a different state. That’s exactly what happened in a recent case involving J.B., an automotive consultant who unfortunately succumbed to mesothelioma in 2019. His family sued multiple companies they believed were responsible for his asbestos exposure, including American Honda Motor Co., Inc. and Nissan North America.

J.B. worked as an automotive consultant, frequently visiting auto dealerships in New York and Florida, where his family blames his exposure to asbestos-contaminated parts. When his family filed the lawsuit in New York, the two auto companies argued that the case should be dismissed from the New York court system. J.B.’s exposure to asbestos happened over many years, both in Florida from 1976 to 1986 and in New York in the 1990s. This is where the auto companies’ arguments stemmed from. They argued that because J.B. had spent more years exposed to asbestos in Florida than in New York, Florida courts should have jurisdiction over the case, making New York courts inappropriate to hear the case. However, Justice Adama Silvera of the Supreme Court of New York County denied their request, and the companies appealed the decision.

Judge Halts Mesothelioma Lawsuit Due to Defendant’s Bankruptcy Filing

March 17, 2025 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as I.L.

In a recent court decision, a mesothelioma lawsuit filed by I.L., a woman exposed to asbestos while washing her husband’s clothes has been temporarily paused. This follows a bankruptcy filing by one of the defendants that I.L. had pursued legal action against. The victim had filed a lawsuit against multiple defendants, including Huntington Ingalls Incorporated, the successor to the Avondale shipyard where her husband worked for over two decades. However, after one of the named defendants, Hopeman Brothers, Inc., filed for bankruptcy, the court issued a stay, delaying the case until the bankruptcy proceedings were resolved.

In this case, I.L. argued that the asbestos dust clung onto her husband’s clothes when he worked as a laborer, welder, and pipefitter at the Avondale shipyard from 1973 to 1996. Asbestos is notorious for clinging onto clothes, and due to its microscopic fibers, one cannot see them and “remove them” easily. By repeatedly inhaling the fibers while washing his clothes, I.L. unknowingly exposed herself to the toxic asbestos, leading to her mesothelioma diagnosis. Unfortunately, five months after filing her case, she passed away. Her children stepped in to continue her legal fight, only to face an unexpected hurdle when Hopeman filed for bankruptcy.

What is a Mesothelioma Trust Fund?

March 15, 2025 | Throneberry Law Group

Mesothelioma is a rare but aggressive cancer caused by exposure to asbestos. Its treatment is often extensive and expensive and may leave a patient unable to work. Many mesothelioma patients develop symptoms decades after exposure in the company responsible for the exposure. When one finds out they have mesothelioma, it is natural to feel worried if they are still eligible for compensation to cover their medical bills and other expenses. The good news is that one can still get compensated. This happens through mesothelioma trust funds, established to ensure victims and their families receive financial relief even if the responsible company no longer exists.

How Mesothelioma Trust Funds Work

A mesothelioma trust fund is a bank account containing money set aside by companies that used asbestos but declared bankruptcy due to overwhelming lawsuits. In return for remaining in business, a bankrupt asbestos company was ordered to set aside money to compensate mesothelioma victims. Rather than suing the company, eligible victims can file a claim directly with the trust.

J&J’s $10 Billion Asbestos Talc Settlement Trial Kicks off in Texas

March 10, 2025 | Throneberry Law Group

For several years now, Johnson & Johnson (J&J) has been battling numerous lawsuits from tens of thousands of people who claim its talc-based products, including its well-known baby powder, caused mesothelioma and ovarian cancer due to asbestos contamination. The company has previously attempted to resolve the claims through bankruptcy, which is mainly viewed as a controversial move given that it’s one of the most profitable companies in the world. Two previous bankruptcy filings were thrown out in New Jersey and Philadelphia, but the company remains relentless. This time, it filed a bankruptcy petition in a Texas court, hoping to get the green light for a $10 billion settlement. While the company argues that the settlement plan is the fairest and fastest way to compensate victims, many claimants and government watchdogs disagree. The trial, which began on February 18, 2025, is expected to last two weeks, after which the judge will issue a verdict.

J&J has sold talc-based baby powder for many decades. However, it has faced several lawsuits alleging that its talc-based baby powder was contaminated with asbestos, a known carcinogen. Asbestos exposure is known to cause serious illnesses, including mesothelioma, a rare and aggressive form of cancer with no cure. Despite J&J’s claims that its products were safe, thousands of claimants diagnosed with mesothelioma and ovarian cancer filed lawsuits arguing that scientific studies suggest otherwise on the safety of their products and that J&J failed to warn consumers about the risks of using the products.

To resolve the many lawsuits against it, J&J created a subsidiary, Red River Talc, and transferred all its asbestos liabilities to the unit. Red River then filed for Chapter 11 bankruptcy, pausing all lawsuits against J&J while the court considered the settlement plan. This was also to force claimants into a bankruptcy settlement instead of a jury trial where verdicts could be much higher. When an asbestos company files for bankruptcy, all lawsuits are halted until the bankruptcy court decides. If successful, a company must establish a trust fund through which claimants can seek compensation based on predefined criteria. In return, the company continues its operations.

Judge Throws Out Mesothelioma Verdict Over Expert Witness Misconduct

March 8, 2025 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as V.C.

In a recent court ruling, a Louisiana judge ordered a new trial in a mesothelioma lawsuit against Colgate-Palmolive. This decision came after the witness unexpectedly introduced what the judge termed an entirely improper, unsolicited, new opinion that had not been presented during the trial, influencing the jury’s verdict in favor of the defendant. The attorneys for the victim’s family also argued that the expert witness had sabotaged the case, requesting the company to cover at least $150,000 in costs for the abandoned trial.

The case revolved around V.C., who developed mesothelioma after using Colgate-Palmolive’s Cashmere Bouquet talcum product. Her family sued the company, alleging that the product contained asbestos, which led to her illness. Similar lawsuits have been filed against consumer product manufacturers for failing to warn the public about asbestos contamination in talc-based products. While many of these cases have resulted in significant compensation for victims, in this case, Colgate-Palmolive defended itself by calling Dr. Richard Attanoos, a pathologist from Wales, as an expert witness.

Is Compensation From a Mesothelioma Settlement Taxable?

March 2, 2025 | Throneberry Law Group

Receiving a mesothelioma diagnosis is devastating, and not just because of the medical challenges. It is also because of the financial strain that it can bring. Fortunately, patients diagnosed with mesothelioma are entitled to file a lawsuit against the responsible parties to seek justice and compensation for asbestos exposure. One common question individuals pursuing compensation for mesothelioma ask is whether the settlement amount is subjected to taxation. Let’s explore the tax implications of mesothelioma settlements.

Are Mesothelioma Settlements Taxable?

The question of whether mesothelioma settlements are subject to taxation depends on the kind of damages awarded. However, according to Internal Revenue Service (IRS) rules, they are generally not taxed. This is because compensation for physical injuries or sickness is not taxable under federal law. Therefore, settlements or awards received for a mesothelioma diagnosis typically follow this rule.