Mealey's Asbestos
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December 17, 2025
Oil Companies Say Federal Officer Removal Broadened, Not Unlimited
WASHINGTON, D.C. — Various oil companies told the U.S. Supreme Court in a reply brief that while the recently amended federal officer removal statute broadens the realm of conduct subject to federal jurisdiction, worries that the amendment makes removal limitless are unfounded.
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December 16, 2025
South Carolina Court Considers Causation, J&J Successorship After Asbestos Verdict
COLUMBIA, S.C. — A couple awarded more than $60 million for exposure to asbestos in talc and Johnson & Johnson entities filed final briefs before the South Carolina Court of Appeals on challenges to tissue digestion and witness testimony to causation and successor liability.
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December 16, 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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December 16, 2025
Parties Dismissed In Asbestos Liability Suit Against Guaranty Association
BATON ROUGE, La. — After parties indicated they had reached a settlement, a Louisiana federal judge dismissed claims against certain of the parties in an asbestos liability suit against individuals and multiple entities, including the Louisiana Guaranty Association (LIGA), alleging that a man’s workplace exposure to asbestos particles resulted in his lung disease and death.
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December 16, 2025
Los Angeles Jury Awards $40M In Bellwether Asbestos-Talc Ovarian Cancer Cases
LOS ANGELES — A Los Angeles jury hearing the first two asbestos-talc ovarian cancer bellwether cases found against Johnson & Johnson and handed the plaintiffs $18 million and $22 million awards.
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December 16, 2025
Man Appeals Jurisdiction Ruling In Asbestos Suit To North Dakota High Court
BISMARCK, N.D. — A trial court forwarded a clerk’s certificate of appeal to the North Dakota Supreme Court after that court remanded the case for the limited purpose of determining whether the respondent was correctly dismissed from the action.
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December 16, 2025
Railroad Wants Blood Draw, Genetic Testing In Mesothelioma Case
NEW ORLEANS — A woman with a family history of cancer, including mesothelioma, put her medical condition in play by filing her take-home exposure suit and the court should order a blood draw to allow for whole genome sequencing that can provide potentially dispositive evidence of the cause of her disease, a railroad told a federal judge in Louisiana in a motion to compel.
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December 16, 2025
Judge Signs Order Allowing Genetic Testing In Asbestos-Talc Case
CHICAGO — An Illinois judge signed an agreed order allowing genetic testing in a case alleging exposure to asbestos in talc products.
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December 16, 2025
Justice: Expert Opinions Don’t Eliminate Questions In Asbestos Floor Tile Case
NEW YORK — It is not clear that a floor tile company’s experts considered all potential types of work or avenues of exposure a man experienced when using or working around those using its products, and it is therefore not entitled to summary judgment, a New York justice said.
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December 11, 2025
U.K. Supreme Court: Scottish Law Allows Family To Seek Mesothelioma Damages
LONDON — Scottish law governing damages specifically permits the family of a deceased man to seek damages despite his previous settlement discharging his employer’s liability for any future mesothelioma, the United Kingdom Supreme Court held Dec. 10.
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December 10, 2025
Supreme Court Told Asbestos Receiver Ruling Not Worth Review
WASHINGTON, D.C. — The U.S. Supreme Court should not review an interlocutory ruling appointing a receiver over a Canadian company’s insurance assets related to an asbestos claim, the respondent and the receiver tell the court in opposing the company’s petition for a writ of certiorari.
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December 10, 2025
Vanderbilt Challenges Causation, Damages After Environmental Asbestos Verdict
CANTON, N.Y. — A woman never adequately established that her mother would have been environmentally exposed to talc from a Vanderbilt Minerals LLC mine, let alone that the talc contained asbestos or that the injury was foreseeable, the company says in a post-trial motion challenging a $12.25 million verdict.
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December 08, 2025
Federal Judge Extends Stay Of Asbestos Case During Bankruptcy
NEW ORLEANS — The inequity in preventing a shipyard operator from pursuing its asbestos-related crossclaim against a bankrupt subcontractor’s insurer warrants extending a stay of a tort action for only a brief time, a federal judge in Louisiana said in granting the shipyard company’s motion to reinstate the stay.
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December 08, 2025
J&J Affiliate, Study Author Duel Over Fraud Case Dismissal In Supplemental Briefs
TRENTON, N.J. — The author of a scientific study filed a supplemental brief in New Jersey federal court in further opposition to claims by Johnson & Johnson (J&J) spinoff Pecos River Talc LLC that she fabricated her finding that asbestos disease sufferers in her study were exposed to asbestos from only talcum powder use, saying the company’s supplemental filing “provides no basis to reopen this court’s judgment” dismissing Pecos River’s fraud and trade libel suit.
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December 04, 2025
Insurer-Insured Debate Postjudgment Interest After Asbestos Award
NEW ORLEANS — An insurer in a Dec. 3 response asks for clarification of the period for which insured seeks prejudgment interest after a federal judge in Louisiana entered final judgment for an asbestos defendant on a $338,000 breach of contract claim.
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December 03, 2025
Government Withdraws Proposed Asbestos-Talc Cosmetic Testing Rule
WASHINGTON, D.C. — In a notice published in the Federal Register, two federal agencies announced that they were withdrawing a proposed rule requiring that talc-containing cosmetics undergo standardized and mandatory testing designed to identify the presence of asbestos.
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December 02, 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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December 02, 2025
New York Justice Excludes Evidence Of Drug Use, Convictions From Asbestos Trial
NEW YORK — A man’s drug use and convictions from nearly 30 years earlier are not relevant to the central questions in an asbestos lung cancer case and occurred too long ago to be admissible for impeachment purposes, a New York justice said in granting a motion in limine to exclude reference to the evidence at trial.
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December 01, 2025
Shipyard Loses Immunity Defense; Parties Debate Daubert Asbestos Trial Challenge
NEW ORLEANS — A federal judge in Louisiana said government contractor immunity does not preclude claims against a shipyard for failing to warn about or prevent asbestos exposures. The parties then briefed whether an expert can be confronted at trial with evidence that his testimony was excluded under Daubert in another case.
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December 01, 2025
5th Circuit Lifts Stay Of Asbestos Ban Rule Challenges
NEW ORLEANS — Various groups’ challenges to the Environmental Protection Agency’s rule banning the use of asbestos in the United States are back on after the Fifth Circuit U.S. Court of Appeals granted an unopposed motion to lift a stay of the consolidated cases.
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November 25, 2025
Woman: Dismissal In Nursing School Asbestos Case Left No Federal Jurisdiction
CHARLESTON, W.Va. — Dismissal of claims against two state entities left no claims giving rise to federal jurisdiction in an asbestos case alleging exposure at a nursing school, a woman says in seeking remand.
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November 25, 2025
Justice Says Hospital Must Produce Evidence About Meso-Talc Study
NEW YORK — Northwell Health Inc. must produce all the information it has about two studies performed by expert Jacqueline Moline investigating mesothelioma sufferers whose only known exposure to asbestos was allegedly through talc, a New York justice said in granting a motion to compel.
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November 25, 2025
Judge Defers New Trial, Interest Rulings After Asbestos Shotgun Shell Verdict
WILMINGTON, Del. — The Delaware judge overseeing a shotgun shell asbestos case that resulted in a $9 million verdict took under advisement a motion for new trial and a motion to alter judgment to include prejudgment interest and placed four similar cases into the trial schedule for late 2026.
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November 25, 2025
Delaware Judge Moves Asbestos Shotgun Shell Trials Into Late 2026
WILMINGTON, Del. — A Delaware judge moved four shotgun shell asbestos cases set for trial in February 2026 to later in the year after the parties said it would be beneficial to delay the cases pending a ruling on new trial and any possible appeal in a similar case that produced a $9 million verdict.
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November 24, 2025
Company Challenges Service On Motion To Reinstate Meso Employment Injury Case
SPOKANE, Wash. — A plaintiff mistakenly served the wrong entity with a motion to vacate a decade-old judgment in a worker’s deliberate injury mesothelioma case, leaving the proper defendants without any chance to oppose the motion, the successor to Alcoa Inc. told a federal judge in Washington on Nov. 21 in seeking to have the ruling reinstating the case stricken and the motion refiled.