Mealey's Asbestos
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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.
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October 06, 2025
Honeywell Divests Of Legacy Asbestos Liabilities As Planned Division Continues
CHARLOTTE, N.C. — Honeywell International Inc. announced in a press release that it has divested itself of Bendix-brand legacy asbestos liabilities with a capitalized corporate liability acquisition platform assuming the risk and indemnifying the company.
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October 06, 2025
Amici Urge U.S. High Court To Bar State Court Control Over Foreign Assets
WASHINGTON, D.C. — Insurance and business interests told the U.S. Supreme Court that jurisdiction ends at a state’s borders and urged the court to reject a South Carolina justice’s appointment of a receiver over the assets of a solvent Canadian company as a discovery sanction in an asbestos case.
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October 03, 2025
Delaware High Court Affirms Loss Of Use Ruling In Workers’ Comp Asbestos Case
WILMINGTON, Del. — The Delaware Supreme Court in a one-page order affirmed a lower court’s ruling on a man’s loss of use of certain body parts from his asbestos-related disease, saying Delaware Industrial Accident Board and Delaware Supreme Court rulings would be upheld based on the superior court’s bench ruling.
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October 02, 2025
Judge Awards $10 Million In Punitive Damages In J&J Asbestos-Talc Case
BRIDGEPORT, Conn. — A Connecticut judge on Oct. 1 added $10 million in punitive damages to a $15 million verdict, saying the evidence showed that the company employed sub-standard testing and choose to accept only evidence that supported the conclusion that its products were free of asbestos.
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October 02, 2025
Judge Won’t Limit Section 1442 Asbestos Removal To Current Federal Officers
NEW ORLEANS — A ruling finding that removal applied only to current federal officers is distinguishable from an asbestos case and would result in reading the statute too narrowly, a federal judge in Louisiana said in denying remand.
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October 02, 2025
Railway Says Remand Bid Aims To Delay Asbestos Screening Firm Judgment
MISSOULA, Mont. — A railway in a response brief tells a federal judge in Montana that the United States’ motion for partial remand of a writ of execution is just its latest effort to impede collection of a multimillion-dollar judgment from a Libby, Mont., asbestos screening firm.
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October 02, 2025
Consumer Expectations, Defect Claims Fell With Negligence Claims, Judge Says
SEATTLE — An order dismissing asbestos-related negligence and warning claims doomed consumer expectation and design defect claims resting on the dismissed claims, a judge in Washington said in denying a motion for reconsideration.
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September 24, 2025
Judge Won’t Stay Asbestos Case Pending Appeal Of Remand Ruling
PHILADELPHIA — A federal judge in Pennsylvania declined to stay remand while John Crane Inc. appeals a decision finding that post-removal disclaimer of liability for asbestos exposures on government ships prevented federal jurisdiction, saying he was not convinced the ruling triggered an automatic stay or that the court’s conclusion was incorrect.
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September 23, 2025
United States Supports Expanded Federal Officer Removal In Oil Company Case
WASHINGTON, D.C. — The United States told the U.S. Supreme Court that 2011 amendments broadened the federal officer removal statute, which now encompasses tasks even related to those directed by the government.
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September 23, 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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September 23, 2025
Massachusetts Jury Awards $80 Million For Asbestos-Clay Exposures
MIDDLESEX, Mass. — A Massachusetts jury found American Art Clay Co. Inc. liable for exposing a woman to asbestos in talc-based clay products and awarded her widower $80 million, including $60 million in punitive damages.
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September 23, 2025
Insurer, Reinsurer File Joint Dismissal Motion In Mine Coverage Dispute
OMAHA, Neb. — National Indemnity Co. (NICO) and a reinsurer it sued for breach of contract and declaratory judgment jointly moved in Nebraska federal court to dismiss the reinsurer with prejudice as part of NICO’s suit to enforce its reinsurers’ obligations for incurred liabilities related to asbestos exposure stemming from a Montana mine.
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September 23, 2025
Briefing Takes Aim At Experts, Causation After Shotgun Shell Asbestos Verdict
WILMINGTON, Del. — Parties to a $9 million Delaware asbestos verdict concluded briefing on whether expert and fiber release evidence was sufficient to support the jury’s causation finding in a case involving exposure from shotgun shells.
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September 22, 2025
Goodyear Appeals Ruling Finding Removal Defective, Waived In Asbestos Case
NEW ORLEANS — Goodyear Tire and Rubber Co. on Sept. 21 filed a notice indicating that it intends to appeal a decision finding the presence of an unserved nondiverse defendant fatal to its removal of an asbestos case and that its actions in state court demonstrated an intent to litigate the case there and waived the right to removal.
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September 22, 2025
J&J, Amicus Warn Of ‘Problematic’ Talc Securities Class Ruling
PHILADELPHIA — The Washington Legal Foundation (WLF) in a Sept. 19 amicus curiae brief in support of a petition for rehearing warns the Third Circuit U.S. Court of Appeals that its ruling holding Johnson & Johnson liable for new “signals” about existing facts threatens the ability to rebut assumptions about the integrity of market pricing with widespread fallout. Earlier, Johnson & Johnson and certain executives told the court in their petition that the divided opinion will have a “problematic” influence in district court cases involving billions of dollars.
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September 19, 2025
Pipe Maker’s RICO Case Against Asbestos Counsel Reopened By Judge
CHICAGO — A federal judge in Illinois reinstated a pipe maker’s Racketeer Influenced and Corrupt Organizations Act (RICO)case against counsel for asbestos plaintiffs, finding that proposed amendments could potentially cure defects that led to dismissal of the complaint.
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September 18, 2025
J&J Wants Causation Experts, Longo’s Testing Excluded From Coordinated Talc Cases
LOS ANGELES — Following a partial win on upcoming bellwether trials, Johnson & Johnson entities asked the Los Angeles judge overseeing coordinated asbestos-talc ovarian cancer proceedings to exclude the plaintiffs’ general causation experts and expert William Longo’s testing and opinions, saying the experts twist and misreport findings and are not reliable.
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September 17, 2025
Atlas Turner Abandoned Case, Asbestos Plaintiffs Say In Seeking Default Judgment
GRAND FORKS, N.D. — Two individuals pursuing an asbestos action asked a federal judge in North Dakota to enter a default judgment against Atlas Turner Inc., saying the 19 months that have passed since the Canadian company last took any action in the case easily meet the requirements for such a remedy.
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September 16, 2025
‘Problematic’ Talc Securities-Class Ruling Requires Rehearing, J&J Warns
PHILADELPHIA — A panel opinion allowing courts to put aside the rigorous analysis traditionally required for class certification and creating a new standard for price impact disclosures in securities actions will have a “problematic” influence in district court cases involving billions of dollars, Johnson & Johnson entities defending claims that they hid the presence of asbestos in talc from shareholders tell the Third Circuit U.S. Court of Appeals.
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September 16, 2025
J&J Says Business Records Stipulation Doesn’t Apply Globally To Asbestos Cases
BRIDGEPORT, Conn. — A man’s attempt to force a defendant to verify the propriety of business records is built on the “fiction” that stipulations in other cases apply to his asbestos-talc action despite the lack of any agreement or need for that many documents, Johnson & Johnson tells a Connecticut judge in a Sept. 15 response opposing a motion to enforce the agreements.
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September 16, 2025
Oregon Jury Awards $33 Million In Shipyard Laborer’s Asbestos Gaskets Case
PORTLAND, Ore. — An Oregon jury awarded a former shipyard laborer $33 million after he developed mesothelioma from exposure to asbestos in John Crane Inc. gaskets and packing, attributing 30% of the liability to the company after finding that the conduct of four of 15 nonparties was also a substantial factor in causing the disease.