Mealey's Asbestos
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October 27, 2025
Kentucky Top Court: Carrier Liable For Workers’ Claim Despite Late Date Switch
FRANKFORT, Ky. — Kentucky workers’ compensation law binds the carrier responsible for the last injurious exposure to asbestos in a workers’ compensation case, even though that insurer did not participate in previous proceedings as a result of a change to the last date of exposure, the Kentucky Supreme Court said in affirming a lower appellate court ruling.
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October 27, 2025
Asbestos Defendant Points To Recent Rulings In Defending Expert Subpoena
NEW YORK — A trio of courts recently affirmed the validity of subpoenas targeting asbestos expert Jacqueline Moline, and those rulings support the conclusion that a previous effort to subpoena the expert was not sanctionable conduct, a defendant tells a federal judge in New York in opposing a hospital’s motion for sanctions.
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October 23, 2025
Judge Stays Remand Of Asbestos Case As GE Appeals Ruling
LOUISVILLE, Ky. — A federal judge in Kentucky stayed a remand order and reopened an asbestos case against General Electric Co. for briefing on an emergency motion for stay as the defendant launched an appeal of the ruling finding that a disclaimer stripped federal officer issues from the case.
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October 22, 2025
Louisiana High Court Won’t Review Asbestos Liability Row With Guaranty Association
NEW ORLEANS — The Louisiana Supreme Court denied a petition for a writ of certiorari filed by the Louisiana Insurance Guaranty Association (LIGA) seeking review of an appellate court’s reversal of a ruling granting summary judgment to an insurer and to LIGA but denying a motion for partial summary judgment filed by family members in a dispute over their deceased relative’s death purportedly from asbestos exposure.
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October 21, 2025
Judge: J&J Won’t Get Access To Asbestos Expert’s Lab But Can Depose Employee
TRENTON, N.J. — Allowing Johnson & Johnson entities to inspect expert William Longo’s laboratory at this stage would be too burdensome, but they may depose one of his employees on past testing methods, the judge overseeing the federal multidistrict talc litigation in New Jersey said Oct. 20 in partially sustaining objections to a special master’s ruling.
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October 21, 2025
Plaintiff/Defense Experts Testifying Since Jan. 1, 2002
The following is a listing of plaintiff and defense experts who testified in trials covered by Mealey's Litigation Report: Asbestos since Jan. 1, 2002.
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October 21, 2025
California Asbestos-Talc Bellwether Parties Brief General Causation
LOS ANGELES — Plaintiffs in consolidated talc litigation in California told the judge that their experts’ general causation opinions involving talc and asbestos are supported by the evidence and regulatory bodies and should not be excluded. Johnson & Johnson and Red River Talc LLC filed replies arguing that the plaintiffs are misrepresenting the situation.
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October 21, 2025
J&J Fails In Bid To Secure New Trial After $25M Asbestos-Talc Verdict
BRIDGEPORT, Conn. — A Connecticut judge turned away challenges to expert testimony, jury instructions and a bevy of other issues in denying Johnson & Johnson entities’ request for a new trial or to set aside a $25 million asbestos-talc verdict.
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October 20, 2025
South Carolina Jury Finds For J&J In Asbestos-Talc Case
COLUMBIA, S.C. — A South Carolina jury returned a verdict for Johnson & Johnson entities in an asbestos-talc mesothelioma trial, finding that the companies were not negligent or strictly liable for the man’s disease .
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October 17, 2025
Family Secures Summary Judgment On Mesothelioma Diagnosis, Asbestos As Cause
NEW ORLEANS — The family of a man who died of mesothelioma is entitled to summary judgment on the issue of his diagnosis and that asbestos exposure causes the disease, but the defendants may continue to challenge specific causation, a federal judge in Louisiana said Oct. 16.
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October 16, 2025
Asbestos Screening Firm Judgment Case To Remain In Federal Court, Judge Says
MISSOULA, Mont. — A federal judge in Montana denied the United States’ request for remand of a portion of a writ of execution in a case against a Montana asbestos screening firm, saying the government’s “unusual and conflicting arguments” did not persuade him to alter the established plan for resolving the case.
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October 15, 2025
Judge Won’t Remand Asbestos Case After Dismissal Of Federal Claims
NEW ORLEANS — Dismissal of the grounds that gave rise to removal of an asbestos case does not strip a federal court of jurisdiction, and nothing requires the court to decline to exercise supplemental jurisdiction, a federal judge in Louisiana said in denying a motion to sever and remand.
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October 15, 2025
Judge Again Remands Goodyear Asbestos Case, This Time With Attorney Fees
NEW ORLEANS — A federal judge in Louisiana once again remanded an asbestos case involving Goodyear Tire and Rubber Co. and awarded $1,000 in costs and attorney fees after finding no objectively reasonable basis for the second removal.
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October 14, 2025
Ohio Court: Trial Court Lacked Jurisdiction Over Employee’s Asbestos Claim
CLEVELAND — A trial court lacked jurisdiction over asbestos-related workers’ compensation claims, and because the claimant never proceeded through the administrative process, it also lacked jurisdiction over her claim seeking to declare the system unconstitutional as applied to her case, an Ohio appellate court said.
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October 14, 2025
New York Federal Judge Orders Talc Study Author To Participate In Discovery
NEW YORK — A New York federal judge denied a motion by an asbestos plaintiffs’ expert to quash a subpoena for documents and deposition testimony in a discovery dispute with Johnson & Johnson spinoff Pecos River Talc LLC, finding that the requested discovery is relevant and would not be burdensome to produce.
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October 13, 2025
Couple: New Trial Motion Coming After Defense Verdict In Asbestos-Pipe Case
OAKLAND, Calif. — A couple whose asbestos-pipe case a California jury rejected earlier this year filed notice on Oct. 10 stating that they intend to move for a new trial, citing irregularities in the proceedings and errors of law that led a jury to find that a company’s product performed as a consumer would expect and that the company was not negligent.
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October 10, 2025
Tire Company Wants Review Of Ruling Reviving North Carolina Workers’ Cases
RALEIGH, N.C. — A bellwether trial finding lack of exposure evidence in workers’ compensation claims binds all claimants with shared interests, a tire company tells the North Carolina Supreme Court in asking for review of a ruling allowing some of the claims to proceed.
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October 09, 2025
U.S. Supreme Court Seeks Response In South Carolina Asbestos Receivership Case
WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 8 requested responses to a petition challenging a South Carolina justice’s appointment of a receiver over the insurance assets of a solvent Canadian company as a sanction for its failure to participate in discovery in an asbestos action.
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October 08, 2025
Pennsylvania Top Court Hears Argument On Liability For Dravo Asbestos Claims
HARRISBURG, Pa. — The Pennsylvania Supreme Court on Oct. 7 heard oral arguments about whether Dravo LLC’s dissolution imposed a two-year cap on asbestos claims or whether corporate actions left its parent company liable for those claims.
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October 08, 2025
Los Angeles Jury Awards $966M For Asbestos-Talc Related Mesothelioma
LOS ANGELES — A California jury awarded $966 million — including $950 million in punitive damages — in an asbestos-talc case against Johnson & Johnson after finding the company negligent and that it failed to disclose the danger its products posed.
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October 07, 2025
Judge: DeVries Doesn’t Free Turbine Maker From Maritime Asbestos Case
SACRAMENTO, Calif. — A federal judge in California allowed punitive damages to proceed and found sufficient questions about whether a turbine manufacturer required asbestos parts as required by Air & Liquid Sys. Corp. v. DeVries to survive summary judgment but denied a widow summary judgment on the company’s government contractor defense.
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October 07, 2025
Plaintiff/Defense Experts Testifying Since Jan. 1, 2002
The following is a listing of plaintiff and defense experts who testified in trials covered by Mealey's Litigation Report: Asbestos since Jan. 1, 2002.
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October 07, 2025
Estate Defends Its Appeal From Dismissal In Asbestos Case
INDIANAPOLIS — The estate of a woman who died of mesothelioma told an Indiana appellate court that the appendix filed with its brief complies with state law governing such filings and that the court should deny a motion to dismiss the appeal.
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October 07, 2025
Kaiser Gypsum Opposes Dental Company’s Post-Verdict Settlement Request
LOS ANGELES — California law does not permit a good faith settlement finding for a dental supply company that reached the agreement after a jury found it liable for a man’s asbestos exposure and awarded damages but before a punitive damages phase, a joint compound manufacturer told a California judge.
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October 07, 2025
New York Justice Finds Jurisdiction Over Talc Manufacturer
LOCKPORT, N.Y. — A talc manufacturer’s past operations in New York and its deal with a distributor who solicited businesses that it knew would sell consumer products in the state create sufficient contacts for jurisdiction, a New York justice said in denying a motion to dismiss.