Mesothelioma Legal Blog

The two sides in a class action asbestos exposure lawsuit recently agreed to an $80 million settlement just days before the trial was scheduled to commence. The settlement sets a record for the largest medical monitoring fund ever created in the state of Missouri and could provide services to up to 7,500 individuals who may have been exposed to asbestos. The case stems from renovations on the Jackson County Courthouse between 1983 and 1985 when potentially thousands of individuals were exposed to asbestos during the project.

 A New York Supreme Court recently handed down an important ruling allowing a female plaintiff’s asbestos cancer lawsuit against cosmetics and pharmaceutical company Colgate-Palmolive to continue. The ruling comes after the court made a legal determination that it did in fact have jurisdiction in the case, potentially paving the way for other similar lawsuits in the state to be heard.

A New York court recently denied an attempt by the defendant in a talcum powder mesothelioma cancer lawsuit to have the case dismissed, which paves the way for the plaintiffs to have their day in court and seek justice for the harm caused by the defendant’s alleged negligence. In its ruling, the court denied defendant Whittaker Clark and Daniels’ motion for summary judgement to dismiss the claim, as well as denying the company’s bid to have claims of potential punitive damages thrown out.

Reports recently surfaced that the U.S. Department of Justice is investigating whether pharmaceutical and cosmetics giant Johnson & Johnson knew about the risks its talc-based products posed to consumers but chose not to warn the public. The criminal probe comes as Johnson & Johnson faces thousands of lawsuits in civil courts across the country brought by plaintiffs who claim they developed various forms of cancer, including mesothelioma, from using the company's talcum powder products.

An important part of any lawsuit is the discovery process. Discovery is a pre-trial phase of a lawsuit in which all parties involved request and gather information related to the case. Due to the complex nature of mesothelioma claims, the discovery phase is critical. For victims in mesothelioma claims, it is important to be prepared for extensive questioning related to many different aspects of the person’s life. While this may seem personally invasive, it is a necessary step in the development of the claim.

Maryland’s Court of Appeals is slated to hear an important mesothelioma lawsuit brought by the family of a former pipe fitter that could have a tremendous impact on other claims challenging the statute of limitations under state law to bring mesothelioma claims. Currently, Maryland state laws allows victims or those representing their estates to bring mesothelioma lawsuits 20 years after exposure to asbestos, but the plaintiffs’ challenge could greatly extend that time period.