The South Carolina Supreme Court [in August 2021] upheld a $16 million jury award to the family of a maintenance worker at a polyester fiber plant who died following years of asbestos exposure. Hystron Fibers Inc., owned by defendant CNA Holdings, hired Daniel Construction Co. in 1965 to build a plant in Spartanburg, South Carolina. When the … [Read more...]
Dying Patients Denied Justice Amid COVID-Related Court Delays
Terminally ill plaintiffs, who were supposed to be guaranteed expedited trials in light of their deteriorating medical conditions, are still waiting for their day in court, according to an NBC Bay Area investigation. [ Terminally ill plaintiffs ] who are dying are supposed to be granted preferential treatment when it comes to scheduling their … [Read more...]
Chemical Firm BASF and Its Law Firm to Pay $72.5M to Close Talcum-Asbestos Claims
BASF SE, the world’s biggest chemical maker, and a law firm agreed to pay a combined $72.5 million to resolve claims they hid evidence that certain talc products contained asbestos in an effort to scuttle thousands of lawsuits. Executives of BASF, along with lawyers from the New York-based Cahill Gordon & Reindel LLP, agreed to the joint … [Read more...]
Private Settlement Reached in Mesothelioma Case
A private settlement was reached in a mass litigation asbestos case [on July 28, 2020] in Ohio County [(West Virginia)] Circuit Court, meaning a trial set to take place at The Highlands Event Center next week won’t be necessary. Both Ohio County Clerk of Courts Brenda Miller and court employees for Judge Ronald Wilson said details of the … [Read more...]
Montana Supreme Court: BNSF Not Shielded from Liability in Libby Asbestos Cases
In a unanimous decision, the Montana Supreme Court on Wednesday determined that BNSF Railway Company is not shielded from liability for its role in spreading [ asbestos dust ] in the Northwest Montana town of Libby, where hundreds of people have died and thousands more are sick due to exposure. Facing hundreds of asbestos-related damage claims … [Read more...]
Statute of Repose Bars Asbestos-related Claim by Former Power Plant Worker
The estate of a career pipefitter who died from mesothelioma recently lost an appeal on claims that asbestos exposure caused his cancer and the exposure, in the course of his employment, violated the state’s safe place statute. [ This was an appeal of the trial court’s ruling that plaintiff’s complaint was barred by the Wisconsin construction … [Read more...]
J&J CEO to testify at trial for first time on Baby Powder risks
Johnson & Johnson Chief Executive Officer Alex Gorsky was set to be called as a witness on [ January 27, 2020 ] in what would be his first appearance in a jury trial over allegations that the company’s Baby Powder causes cancer. Lawyers for three men and one woman who sued J&J subpoenaed [ Alex Gorsky ] in a trial playing out in a state … [Read more...]
A Most Reckless Proposal — A Plan to Continue Asbestos Use in the United States
Each year, nearly 40,000 Americans die often painful, protracted deaths from diseases caused by asbestos. These deaths occur in firefighters, police officers, construction workers, miners, military veterans, shipyard workers, and maintenance workers whose exposures to asbestos are primarily occupational. Death also occurs in partners and children … [Read more...]
U.S. states sue EPA for stricter asbestos rules
Ten U.S. states and Washington, D.C. sued the Environmental Protection Agency to begin working on rules to tighten oversight of asbestos, and reduce the health risks that the substance poses to the public. The attorneys general from California and Massachusetts, Xavier Becerra and Maura Healey, said on Monday they are leading the case, after the … [Read more...]
J&J Asks Federal Court to Assume Baby Powder Lawsuits from State Courts
Johnson & Johnson wants a federal judge to take over more than 2,000 baby-powder lawsuits it faces instead of allowing the cases to be heard by state-court juries, where the company has a mixed record. The world’s largest maker of health-care products seeks to invoke legal protections available to J&J’s bankrupt talc supplier Imerys Talc … [Read more...]