Mealey's Asbestos Bankruptcy
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September 17, 2024
Jury Awards $39M In Talc Pleurodesis Mesothelioma Case
WOBURN, Mass. — A Massachusetts jury awarded $39,081,142 to a couple for a man’s mesothelioma arising from exposure to talc used during a medical procedure, sources told Mealey Publications.
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September 17, 2024
Talc Defendant Claims ‘Egregious Misconduct’ In New Jersey Asbestos Case
LOS ANGELES — Asbestos firm Simmons Hanley Conroy committed “egregious misconduct” by communicating with and obtaining a statement from a corporate representative without the knowledge of the defendant or counsel, talc defendant American International Industries (AII) alleges in asking a California judge for a protective order and to quash the New Jersey state court deposition.
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September 16, 2024
LLT Management Gets Hearing Delayed Pending Cert Petition Over Case Dismissal
TRENTON, N.J. — A New Jersey federal bankruptcy judge granted a request from Johnson & Johnson (J&J) spinoff LLT Management LLC to delay a hearing on closing its Chapter 11 case until after the time to petition the U.S. Supreme Court for a writ of certiorari to review dismissal of the case has passed.
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September 12, 2024
New Disclosures Explain J&J Stock Drop, Not Coincidence, Securities Class Says
PHILADELPHIA — Even entertaining Johnson & Johnson’s incorrect claim that any corrective disclosures in a case must be of “pristine newness,” a trial judge properly certified a class after concluding Johnson & Johnson entities never fully explained away a multi-billion-dollar drop in stock price, a securities class told the Third Circuit U.S. Court of Appeals in an answering brief.
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September 11, 2024
Delaware Judge Finds Asbestos Trust Timing Rules Apply, Bar Tort Claim
WILMINGTON, Del. — Because a woman filed her asbestos-related action against the Celotex Asbestos Settlement Trust outside the period called for by the trust’s procedures, her action is untimely, a Delaware judge said in granting a motion to dismiss.
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September 09, 2024
New York Court Consolidates Moline, Northwell Asbestos Studies Appeals
NEW YORK — A New York appellate court consolidated two appeals involving a ruling quashing subpoenas to asbestos expert Jacqueline Moline and Northwell Health Inc. and said the cases will be heard in the September term as requested.
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September 09, 2024
Plaintiffs Dismiss Suit Challenging BNSF, Insurer’s Asbestos Payment ‘Float’
GREAT FALLS, Mont. — Montana asbestos plaintiffs who sued BNSF Railway Co. and its insurer Zurich American Insurance Co. for allegedly trading on “human suffering” by delaying payment and refusing to settle in an effort to profit off the “float” between the time when they receive claims and when they make payments filed a notice of dismissal without prejudice in their federal court suit.
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September 09, 2024
Wisconsin Court Dismisses Asbestos Defendant’s Take-Home Exposure Appeal
MILWAUKEE — A company found 50% liable for a $9.7 million verdict in a take-home asbestos case was granted voluntary dismissal of its appeal, according to a docket entry.
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September 05, 2024
Cosmetics Company Ben Nye Says Bankruptcy Plan ‘Fair,’ Should Be Confirmed
LOS ANGELES — A family-run cosmetics company in California has amended its Chapter 11 plan of reorganization to include a guaranteed $50,000 payment for asbestos claimants and says in its proposed order and findings of fact and conclusions of law that the plan should be confirmed because it is “fair and equitable” and meets all requirements of the U.S. Bankruptcy Code.
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September 03, 2024
California Court Orders New Asbestos Trial After ‘Fatally Inconsistent’ Verdict
LOS ANGELES — A jury verdict finding an asbestos stucco company liable for design defect under two separate theories but not apportioning it any liability for a man’s mesothelioma is a “fatally inconsistent” result that requires a new trial on the strict product liability design defect theory and liability, a California appeals court said in an unpublished Aug. 30 opinion, otherwise affirming the verdict.
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August 27, 2024
Georgia-Pacific Spinoff Not A Debtor, So Case Should Be Tossed, Committee Argues
RICHMOND, Va. — The Chapter 11 case of Georgia-Pacific spinoff Bestwall LLC should be dismissed for lack of jurisdiction because Bestwall, with billions of dollars available to it from its corporate parent, is not a true debtor under the U.S. Bankruptcy Code, the Official Committee of Asbestos Claimants argues in its Aug. 26 opening appellant brief in a direct appeal to the Fourth Circuit U.S. Court of Appeals of denial of its motion to dismiss.
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August 22, 2024
Talc Debtor Whittaker, Clark & Daniels Wins Summary Judgment On Successor Claims
TRENTON, N.J. — Because asbestos talc personal injury claims filed against the successors of Chapter 11 debtor Whittaker, Clark & Daniels Inc. (WCD) are property of the debtor’s estate and could trigger indemnification demands by the successors against the debtor, they are subject to the bankruptcy automatic stay, a New Jersey federal bankruptcy judge ruled in granting WCD summary judgment on an adversary proceeding.
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August 22, 2024
Judge Grants Dismissal Motions In Asbestos Suit Involving Guaranty Association
NEW ORLEANS — Having been advised that the parties engaged in settlement, a Louisiana federal judge granted six dismissal motions filed by the plaintiff jointly with separate defendants in an asbestos liability suit against a shipyard, related defendants, insurers and the Louisiana Insurance Guaranty Association (LIGA) over a man’s exposure to asbestos resulting from his work at a shipyard.
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August 21, 2024
Asbestos Plaintiffs Claim BNSF, Insurer Use ‘Float’ To Profit Off Asbestos Claims
GREAT FALLS, Mont. — BNSF Railway Co. and its insurer Zurich American Insurance Co., which were recently held liable for $8 million in asbestos-related damages by a jury, commodify asbestos claims and trade on “human suffering” by delaying payment and refusing to settle in an effort to profit off the “float” between the time when they receive claims and when they make payments, plaintiffs allege in a complaint in Montana federal court.
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August 20, 2024
4th Circuit Stays Expert Subpoena Case Pending Asbestos Case’s Dismissal
RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals on Aug. 19 stayed a case involving a subpoena seeking information from asbestos expert Theresa Emory’s employer pending a decision from another court on whether to grant with prejudice a plaintiff’s motion to voluntarily dismiss his action relying on the expert’s study case.
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August 15, 2024
Avon Files For Chapter 11 Bankruptcy Citing Liability For Asbestos Talc Claims
WILMINGTON, Del. — The U.S. divisions of beauty product giant Avon have filed for bankruptcy protection due in part to asbestos talc lawsuits and received approval on Aug. 14 from a Delaware federal bankruptcy judge to obtain financing from their parent company to continue operating during the consolidated Chapter 11 case.
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August 14, 2024
Parties Brief Need To Stay 4th Circuit Appeal Over Talc Study Subpoena
RICHMOND, Va. — Frequent asbestos defendant American International Industries (AII) and a medical provider it subpoenaed over an article on talc causation briefed the Fourth Circuit U.S. Court of Appeals on whether it should stay the appeal pending resolution a motion for voluntarily dismissal in the underlying tort case.
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August 14, 2024
Revlon Bankruptcy Judge Enforces Bar Date Against Asbestos Talc Claimants
NEW YORK — Asbestos talc plaintiffs in 42 personal injury lawsuits naming Revlon as a defendant are barred from pursuing lawsuits against the cosmetics company by the discharge and injunction provisions of its confirmed Chapter 11 plan of reorganization, a New York federal bankruptcy judge held in granting the former debtor’s motion to enforce the plan injunction and confirmation order.
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August 13, 2024
Special Master Sides With Plaintiffs In Spat Over Lab Employee Deposition
TRENTON, N.J. — Two orders made clear that an asbestos-testing lab employee was not being deposed as an expert but rather about firsthand knowledge that could potentially fill in the gaps of expert William Longo’s testimony, a special master in the federal asbestos multidistrict litigation said in denying a motion to compel and for sanctions.
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August 12, 2024
Widow Says Vanderbilt Liable In Wake Of $15M Asbestos-Talc Verdict
BRIDGEPORT, Conn. — A widow told a Connecticut judge in briefing on post-trial motions for judgment notwithstanding the verdict, to set aside the verdict and remittitur that a jury properly held R.T. Vanderbilt Holding Co. Inc. liable for her husband’s fatal asbestos-talc exposures, that the court already addressed and rejected its liability arguments and that the $15 million award stands up to comparison alongside verdicts involving similar facts.
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August 12, 2024
Judge Overseeing AII Talc Case Grants Briefing In Wake Of Dismissal Motion
NEW YORK — Briefing on any issues remaining after a 42-year-old man with mesothelioma moved to dismiss his claims so he can enjoy his remaining life will proceed on defendant American International Industries’ (AII) schedule, a federal judge in New York said in turning away arguments that there were no more issues in the case and that the request for briefing was just one in a long effort at delay.
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August 09, 2024
Nash Chapter 7 Trustee Clarifies Fraudulent Transfer Claim At Judge’s Request
BRIDGEPORT, Conn. — The Chapter 7 trustee for asbestos debtor The Nash Engineering Co. has clarified his claim under the Connecticut Uniform Fraudulent Transfer Act (CUFTA) in his adversary proceeding seeking the return of more than $59 million from a holding company and its members to the debtor’s estate, as requested by a Connecticut federal judge in a ruling on the holding company’s bid to dismiss the trustee’s fraudulent transfer suit.
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August 07, 2024
Judge Expands Briefing Opposing Efforts To Strike, Dismiss Asbestos RICO Case
CHICAGO — Asbestos defendant J-M Manufacturing Co. Inc. received a little extra room for arguments opposing a law firm’s motions contending the Racketeer Influenced and Corrupt Organizations Act (RICO) case targets protected litigation conduct after a federal judge in Illinois granted an unopposed motion for additional pages and clarified the briefing schedule.
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August 07, 2024
AII Seeks Time For Talc Case Dismissal Briefing; Man Says Move Is Unneeded Delay
NEW YORK — On the same day American International Industries (AII) asked for an extended briefing timeline on a motion by a 42-year-old man with mesothelioma to dismiss his claims so he can enjoy his remaining life, the man told a New York federal court that the company is refusing to take its win and instead continuing in its practice of unnecessarily extending the litigation. The letter briefs were filed Aug. 6.
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August 06, 2024
Claims Against Defendant Insurer Alleged Owed $28.9M Are Dismissed By Stipulation
OMAHA, Neb. — Claims against one of what had been four remaining defendants in a suit National Indemnity Co. (NICO) filed over a $157.2 million settlement it reached with Montana regarding alleged asbestos exposures have been dismissed with prejudice under a joint stipulation that a Nebraska federal judge granted.