Mesothelioma Court Rulings & Legislation

New Jersey Supreme Court Allows Talcum Powder Cancer Lawsuit to Proceed

February 23, 2021 | Throneberry Law Group

The New Jersey state supreme court recently allowed a pair of talcum powder cancer lawsuits to proceed to trial. A lower court had overturned another judge’s decision to toss out the matter and effectively rule in favor of the defendant, Johnson & Johnson. Pharmaceutical and cosmetics giant Johnson & Johnson had petitioned the state’s highest court to review the case’s revival after New Jersey’s Appellate Division ruled in August that a lower Superior Court judge had improperly tossed the two cases after determining that plaintiffs’ expert witnesses were not credible.

“The trial judge was called upon to assess whether the opinions were the product of reliable data and employed methodologies accepted by the scientific community,” the three-judge Appellate Division panel wrote. “Instead, he selected defendants’ scientific methodologies over plaintiffs’, a process well beyond the gatekeeping function, and which resulted in an abuse of discretion.”

According to one of the two talcum powder cancer lawsuits, filed in 2014 in Atlantic County Superior Court, the victims developed ovarian cancer from years of using Johnson & Johnson’s talc-based Baby Powder. Other similar lawsuits filed against Johnson & Johnson claim that the company knew for decades about possible links between long term use of its talcum powder cosmetics products and women developing ovarian cancer and other serious forms of cancer.

Washington State Court Hits Kenworth With $150,000 Penalty for Withholding Evidence in Mesothelioma Cancer Lawsuit

February 8, 2021 | Throneberry Law Group

A Washington state court recently issued a strong penalty against a defendant in a mesothelioma cancer lawsuit for what the judge determined to be willful withholding of evidence by the defendant and false statements by defense counsel. In determining that the defendant, PACCAR, Inc. willfully violated rules of civil discovery procedure to produce evidence in the asbestos cancer lawsuit, the Pierce County Superior Court ruled that the defendant must pay the plaintiff $150,000, as well as attorneys fees for the time the plaintiff’s lawyers spent litigating the matter over the evidence in question.

The evidence in question in the mesothelioma cancer lawsuit concerned blueprints of trucks manufactured by a subsidiary of PACCAR, Kenworth, which contained information such as what companies supplied brakes, engines, axels, clutches, etc. Additionally, the blueprints, known as “build sheets” would contain information regarding the part’s model number and the totality of the information from the buildsheets would be of value to the plaintiff’s case that he developed mesothelioma from asbestos containing parts manufactured by the defendant and/or its subsidiary, which the victim’s employer purchased and maintained.

In response to the plaintiff’s request for build sheets of Kenworth vehicles, the defendant and its counsel responded by asserting that the build sheets could only be searched if the plaintiff could provide a vehicle information number for the truck make in question, that there were no records of to what entities the Kenworth trucks were ultimately sold, and that the build sheets were kept on microfiche and it would be too burdensome to hand search each build sheet. The court subsequently ordered PACCAR to turn over 10 randomly selected build sheets so that the plaintiffs and the court could have a better understanding of the information contained therein.

Federal Appeals Court Upholds Record-Setting Mesothelioma Cancer Lawsuit Verdict

February 4, 2021 | Throneberry Law Group

A federal appeals court has upheld a record-setting mesothelioma cancer verdict in North Carolina, finding no fault with the manner in which the trial court oversaw the case or the legal reasoning for refusing to reduce the multimillion dollar jury verdict. With the three-judge panel of the Fourth Circuit Court of Appeals upholding the $32.7 million dollar verdict in the lower federal district court in North Carolina, the award constitutes the largest ever single-plaintiff and largest ever mesothelioma cancer lawsuit verdict in the state’s history.

According to the mesothelioma cancer lawsuit, originally filed in U.S. District Court for the District of North Carolina, the plaintiff’s husband worked at the Firestone Tire Plant in Wilson, North Carolina, from 1975 until 1995. The plaintiff alleged that during his employment at the Firestone tire plant, her husband was exposed to asbestos fibers in insulation pipes in the curing room of the plant, where he would change tires in the tire mold presses. The curing room of the tire plant contained 120 steam operated tire presses, connected to multiple steam pipes which the plaintiff asserted were insulated with asbestos-containing materials.

While the defendant, Covil Corporation, did not manufacture or supply the tire presses, the company did admit to supplying hundreds of feet of the asbestos-containing insulation materials which covered the pipes from these machines. Upon the victim’s passing away from mesothelioma cancer, the plaintiff filed a wrongful death mesothelioma cancer lawsuit against Covil Corporation, claiming that the company’s asbestos containing pipe insulation was responsible for her husband’s mesothelioma cancer diagnosis.

Federal Judge Allows Expert Witness to Testify in Mesothelioma Cancer Lawsuit

January 23, 2021 | Throneberry Law Group

A U.S. federal judge recently handed down an important ruling in a mesothelioma cancer lawsuit that will allow four expert witnesses to testify on behalf of the plaintiff who claims that her husband developed a serious form of lung cancer as a result of negligence on the part of the deceased’s former employer. Attorneys for defendant Air & Liquid Services Inc. had sought to exclude the expert witnesses’ testimony in the case, in what can only be interpreted as an attempt to skirt liability for the harm caused by their client.

According to the asbestos cancer lawsuit, filed in U.S. District Court for the Western District of Washington, the deceased victim worked in the engine room aboard the USS Tuscaloosa in 1974 and was exposed to asbestos containing components during that time. As a result of his exposure to deadly asbestos fibers while serving his country, the deceased developed a rare and deadly form of cancer called mesothelioma.

One of the expert witnesses the plaintiff had intended to call at trial was to testify that during the 1960s and 1970s, ships like the USS Tuscaloosa would have their asbestos-containing gaskets removed and replaced during routine maintenance. Further, the removal and replacement of these asbestos gaskets would often produce airborne asbestos fibers, which would settle on horizontal surfaces in densely packed machinery spaces and that enginemen like the deceased would work on these types of systems.

Sister of Mesothelioma Victim Files Asbestos Cancer Lawsuit Against Nebraska City

January 16, 2021 | Throneberry Law Group

The sister of a mesothelioma cancer victim recently filed an asbestos cancer lawsuit against a Nebraska city, alleging that her sibling was exposed to asbestos while working at a now shuttered multi-purpose arena located in the municipality. According to the mesothelioma lawsuit, the victim passed away in February 2020 after a battle with a rare and deadly form of cancer caused by asbestos found in the Pershing Center where she worked for decades. She alleged that the town of Lincoln knew or should have known that the asbestos threat existed.

According to the asbestos cancer lawsuit, the victim worked at the Pershing Center from 1974 through 2014 and was there during periods where maintenance crews removed or replaced asbestos insulated pipe coverings. The lawsuit further claims that the asbestos ceiling insulation would fall from the ceiling during concerts and due to patrons touching the ceiling. The mesothelioma cancer lawsuit alleges that the city of Lincoln was negligent when it failed to properly supervise contractors who worked on the facility or conduct proper tests on the materials present in the environment.

The lawsuit on behalf of the deceased’s estate seeks to recover costs for the victim’s medical bills and burials costs, as well as damages for her pain and suffering while living with her mesothelioma cancer diagnosis before her passing. While nothing can undo the loss of a loved one, the law gives the surviving family members the right to continue claims on the deceased’s behalf and seek justice for the harm caused by negligent parties.

Louisiana Jury Hands Down $10.3 Million Plaintiff’s Verdict in Mesothelioma Lawsuit

December 13, 2020 | Throneberry Law Group

A Louisiana state jury recently handed down a substantial verdict in a mesothelioma cancer lawsuit brought by a former longshoreman who claims he developed a serious form of lung cancer from years of asbestos exposure during the 1960s. The New Orleans jury found that defendants Ports America Gulfport Inc., Cooper T. Smith Stevedoring Co. Inc. and South African Marine Corp. were all responsible for the plaintiff’s mesothelioma diagnosis, and awarded the victim $10.3 million in total compensation for his injuries.

According to the asbestos cancer lawsuit, filed in Louisiana Civil District Court for the Parish of Orleans, the plaintiff developed mesothelioma from unloading raw asbestos from ships docked at the wharfs he worked from 1964 to 1968. The plaintiff further alleged that he came in contact with asbestos through second hand exposure from the work clothes his father would wear while working as a longshoreman himself.

The lawsuit alleged that the defendants knew or should have known about the dangers posed by asbestos and provided warning to the plaintiff and other workers. Instead, the lawsuit alleges, the defendants chose to ignore such information or condoned the concealment of such in order to continue with their business practice of selling asbestos and asbestos-containing products. As a result of the defendants’ negligence, the plaintiff developed mesothelioma and suffered serious injury.

Ohio Appeals Court Revives Asbestos Cancer Lawsuit Against Honeywell International

December 6, 2020 | Throneberry Law Group

An Ohio appeals court recently revived an asbestos cancer lawsuit brought by the widow of a mesothelioma cancer victim who claimed that he developed a rare and deadly form of lung cancer from years of exposure to asbestos while working with the Bendix brakes. After a Cuyahoga County Court of Common Pleas granted the defendant, Honeywell International, Inc., summary judgment in 2017, the Eighth Appellate District in Ohio agreed with the plaintiff that the lower court erred in its decision and that there were genuine issues of fact about the case for a jury to decide in a court of law.

According to the asbestos cancer lawsuit, the plaintiff’s widow alleged that her husband developed mesothelioma from using Bendix brake products developed by Honeywell International while working as a supervisor for a company that manufactured intercity buses. The plaintiff presented testimony from the victim’s coworker that stated the victim spent significant time in the area of the facility where brake work was being done, where asbestos fibers from the defendant’s Bendix brakes were present in the air. Further, the plaintiff claimed that her husband was exposed to asbestos fibers during the time he worked in the area of the facility where Bendix brake linings were grounded.

Fortunately for the plaintiff, the Ohio appeals court agreed that the case should be heard by a jury and gave the victim a chance for his case to be heard in court, six years after his passing in 2014. The case is yet another example of the lengths to which gigantic companies will go in order to skirt liability for the harm caused by the products they knew or should have known could pose a health risk to workers and the general public.

New York Asbestos Cancer Plaintiffs Left Unsure After State Cuts Four Dozen Judges From Dockets

November 7, 2020 | Throneberry Law Group

Dozens and potentially hundreds of plaintiffs in asbestos cancer lawsuits in New York state have been left in a bind after Governor Andrew Cuomo enacted serious budget cuts to the states’ court systems as a cost saving measure due to the Covid-19 pandemic. The $300 million in cuts to the New York state court system went into effect back in September 2020, after the governor used his executive authority to compensate for the shortfall in his state’s revenue due to the coronavirus pandemic.

Under New York state law, all judges over 70 years old must be recertified every two years by the state court administration. The interplay between the recertification process for judges and the state’s budget shortfall means that four dozen judges did not receive their recertification, in order for the state to save the state money, and will no longer be hearing cases from the bench as of the start of the new year. Estimates put the savings to the state at around $55 million over the next two years from the court system but these will likely have a significant impact on the plaintiffs awaiting trial.

As a result of these actions by New York state, hundreds of asbestos cancer plaintiffs will have their cases pushed back by weeks or even months and years. Unfortunately, time is not a luxury that many asbestos cancer plaintiffs have, as their mesothelioma cancer diagnosis leaves them with just months to live by the time their doctors inform them of their prognosis. Sadly, many are likely to never have their day in court to confront the asbestos companies that caused their terminal cancer diagnosis.

New York Court Allows Plaintiff’s Clubman Talcum Powder Cancer Lawsuit to Proceed

November 1, 2020 | Throneberry Law Group

A New York court recently denied an attempt by the defendant in a talcum powder mesothelioma cancer lawsuit to have the case dismissed, which paves the way for the plaintiffs to have their day in court and seek justice for the harm caused by the defendant’s alleged negligence. In its ruling, the court denied defendant Whittaker Clark and Daniels’ motion for summary judgement to dismiss the claim, as well as denying the company’s bid to have claims of potential punitive damages thrown out.

According to the plaintiff’s mesothelioma cancer lawsuit, filed in New York County Supreme Court, the victim developed mesothelioma for exposure to asbestos fibers in talcum powder products manufactured by defendant Whittaker Clark and Daniels. The plaintiff claimed that during his time working as a barber in New York City from 1961 until he retired in 2016, he frequently breathed in talcum powder dust from the Clubman talc he applied to clients, which he alleges the defendant knowingly manufactured with asbestos fibers.

In its motion to dismiss the case, the defendant alleged that the plaintiff’s mesothelioma diagnosis was not caused by exposure to talc in Whittaker Clark and Daniels’ Clubman talcum powder, but instead by exposure to asbestos in the victim’s native Italy where he lived until he was 25 years old until he immigrated to the United States. Specifically, the defendants claimed that the victim was exposed to asbestos in quarries found in Sicily, Italy. Countering that argument, the plaintiff’s lawyers contended that the victim lived almost 15 miles from the sites in question.

New Jersey Federal Court Allows Navy Veteran’s Mesothelioma Lawsuit to Continue

October 19, 2020 | Throneberry Law Group

A New Jersey federal judge recently denied a motion to throw out a mesothelioma cancer lawsuit brought by the widow of a man who claimed he developed terminal cancer as a result of exposure to asbestos while serving aboard U.S. Navy ships. With the judge’s ruling, the lawsuit clears an important legal hurdle for the victims’ surviving spouse to hold the defendants accountable for their actions of putting her late husband and potentially other service members at risk for serious health conditions.

According to the mesothelioma cancer lawsuit, filed in U.S. District Court for the District of New Jersey, the deceased victim was exposed to asbestos fibers while serving aboard U.S.S. Charles H. Roan in the 1960s. The source of the asbestos exposure, according to the lawsuit, was from forced draft blowers manufactured with asbestos-containing gaskets manufactured by defendant Westinghouse. Those parts needed periodical replacement, based on specifications by the U.S. Navy.

Additionally, the U.S.S. Roan was equipped with a pair of boilers manufactured by co-defendant Foster Wheeler, which were also manufactured with asbestos-containing parts, including gaskets, sheet, and packing. Those asbestos parts too were expected to be replaced periodically. Both Westinghouse and Foster Wheeler had argued in their motion for summary judgment that the U.S. Navy was in full control of any maintenance, repair, or overhaul of the ship and further dedicated the type of material that needed to be installed or replaced on the vessel. As a result, both Westinghouse and Foster Wheeler argued that they did not have a duty to warn for asbestos-containing parts manufactured by third parties.