On September 1, 2021, the South Carolina Court of Appeals affirmed the circuit court’s decision in the matter of Jolly v. General Electric, et al. in which it had (1) denied defendants’ motion for a JNOV, (2) granted a new trial nisi additur, and (3) denied motions to quash subpoenas requiring defendants’ corporate representatives to appear and testify at trial.  The appeal was brought by two defendants, Fisher Controls International, LLC and Crosby Valve, LLC (hereinafter “Defendants”) who had received an adverse verdict following trial in July 2017. Most notably, the circuit court had granted the Plaintiffs’ motion for a new trial nisi additur and increased the total jury verdict from $300,000 to $1.87 million. This article examines several holdings in the Jolly opinion which present future implications for asbestos litigation in South Carolina, particularly with regard to the causation standard, the sophisticated intermediary doctrine, additur, and the setoff of verdicts.

Continue Reading South Carolina Court of Appeals Approves Cumulative Dose Theory, Increased Verdict For Plaintiffs

On September 27, 2021, after 18 days of trial and a mere hour of deliberations, a City of St. Louis, Missouri jury rendered a defense verdict in favor of Johnson & Johnson (“J&J”) on claims of three women diagnosed with ovarian cancer. Forrest v. Johnson & Johnson, et al., No. 1522-CC00419-02 (Mo. Cir. Ct., St. Louis Cty.). Notably, in 2018, a City of St. Louis jury returned a staggering $4.7 billion verdict in favor of 22 woman who claimed that J&J’s asbestos-contaminated talcum powder caused their ovarian cancer. 
Continue Reading Jury Returns Defense Verdict in Third Post-Pandemic Ovarian Cancer Talc Trial

On June 1, 2021, the United States Supreme Court declined to hear Johnson & Johnson’s (J&J) appeal to overturn a $2.12 billion dollar damages award to 22 female plaintiffs who alleged their ovarian cancer was caused by J&J’s talcum powder products. This is a significant setback for defendants in defending consolidated multi-plaintiff mass tort trials and a juries ability to award large punitive damage awards.
Continue Reading United States Supreme Court Declines to Hear Talcum Powder Appeal

Utah’s Supreme Court recently issued an opinion which dramatically expands premise owners’ liability for asbestos-related injuries. On August 5, 2021, the Court reversed Utah’s Court of Appeals and held that a lawsuit could proceed against two premises owners on the theory that asbestos dust from their facilities was brought home on the clothing of a non-employee contractor, causing his spouse to develop mesothelioma. For the first time, premises owners or operators may be liable for injuries alleged by anyone living under the same roof as one of their former contractors.
Continue Reading Utah Expands Premise-Owner Liability To Take-Home Asbestos Plaintiffs

On July 7, 2021, U.S. District Court Judge Eduardo C. Robreno, who oversees the asbestos multi district litigation (MDL 875) in the Eastern District of Pennsylvania, applied a new standard set forth by the U.S. Supreme Court in Air & Liquid Sys. Corp. v. DeVries, 139 S. Ct. 986 (2019) in granting summary judgment for two turbine defendants accused of causing the decedent’s asbestos-related disease. Defendants General Electric (GE) and CBS Corporation (CBS) allegedly incorporated asbestos-containing components on their products to which the decedent was later exposed.
Continue Reading Pennsylvania Court Applies Maritime Bare Metal Test in Favor of Defendants

On June 1, 2021, the United States Supreme Court announced it would not accept Johnson & Johnson’s petition for certiorari seeking to overturn a $2.12 billion dollar damages award rendered in Missouri to twenty-two Missouri women who alleged their ovarian cancer was caused from microscopic asbestos fibers in the company’s baby powder and other talc products.
Continue Reading A Focus on Missouri’s Tort Victim Fund

A New Jersey appeals court recently overturned talc verdicts totaling $117 million in damages against Johnson & Johnson Consumer Inc. (JJCI) and Imerys Talc America, Inc. (Imerys) after finding expert testimony was Daubert-less, thus improper and warranted new trials.
Continue Reading New Jersey Talc Verdicts Overturned on Appeal for Daubert-Less Expert Opinions

The Iowa Court of Appeals recently affirmed summary judgment for both a premises owner and an installer of asbestos products pursuant to Iowa Code 686B.7(5) (2017), which provides that a defendant in an asbestos action “shall not be liable for exposures from a product or component part made or sold by a third party.”  Beverage v. Alcoa, Inc., No. 19-1852, slip op. (Iowa Ct. App. March 17, 2021).  The Plaintiffs brought suit on behalf of Mr. Beverage, who worked as an independent contractor at an Alcoa aluminum plant around asbestos-containing insulation installed by IITI.  Alcoa and IITI, the only two defendants, filed motions for summary judgment claiming that Section 686B.7(5) provided them with immunity from Plaintiffs’ lawsuit.  The district court granted both Alcoa and IITI’s motions for summary judgment.  On appeal, Plaintiffs argued that the district court erred in granting immunity to Alcoa and IITI by incorrectly interpreting Section 686B.7(5).
Continue Reading Iowa Court of Appeals Affirms Summary Judgment in Asbestos Litigation

Illinois Governor Pritzker signed into law Senate Bill 72 (SB 72), which includes prejudgment interest and amends the Illinois Interest on Judgment Act 735 ILCS 2-1303 (Act). The amendment imposes six-percent prejudgment interest on economic and noneconomic damages in personal injury and wrongful death cases. Prior to SB 72’s passing, Illinois generally only recognized post-judgment interest at nine-percent per annum, running from when the judgment was made to the time it was satisfied. Personal injury plaintiffs generally could not recover losses incurred before judgment, but will be able to following SB 72’s effective date on July 1, 2021.
Continue Reading Illinois Governor Signs Law Imposing Six-Percent Prejudgment Interest

The Fourth Circuit recently held that a premises owner in an asbestos case was not liable to a pipefitter based on insufficient evidence of exposure and the independent contractor exception to landowner liability.

Continue Reading Fourth Circuit Affirms Summary Judgment Based on North Carolina Independent Contractor Exception