Asbestos Lawsuit Updates
Federal Court Denies Stay, Remands Asbestos Case to State Court After Plaintiff Waives Navy Claims
The U.S. District Court for the Western District of Kentucky has denied General Electric's (GE) motion for a stay and ordered the remand of an asbestos-mesothelioma case to Jefferson County Circuit Court. The plaintiff, Linda Horton, initially filed suit against GE and others, alleging her decedent developed mesothelioma from exposure to asbestos-containing products, including GE turbines during Navy service. GE removed the case to federal court under the federal officer removal statute (28 U.S.C. § 1442). In response, the plaintiff amended her complaint to waive all claims arising from asbestos exposure during decedent's Navy service, specifically from GE's equipment aboard the USS Cascade. Based on this waiver, she moved to remand the case back to state court. GE sought a stay of proceedings pending its appeal of the remand order, arguing that the Supreme Court's decision in Coinbase Inc. v. Bielski mandated an automatic stay. The court rejected this, aligning with the majority of circuits that limit Coinbase to arbitration appeals under the Federal Arbitration Act. The court applied the traditional four-factor test from Nken v. Holder, finding GE failed to demonstrate a likelihood of success on the merits of its appeal, irreparable harm, or that the balance of equities and public interest favored a stay. Consequently, the case was remanded to state court.
Jury Orders Johnson & Johnson to Pay $966 Million in Asbestos-Linked Talc Case
A Los Angeles jury has awarded $966 million to the family of Mae Moore, finding Johnson & Johnson liable for asbestos exposure from its talc-based baby powder. Moore, who passed away in 2021 from mesothelioma, alleged that asbestos fibers in the company’s products caused her illness. The verdict includes $16 million in compensatory damages and $950 million in punitive damages, though the total may be reduced on appeal. Johnson & Johnson continues to deny that its talc products contain asbestos or cause cancer. The company discontinued its talc-based baby powder in the U.S. in 2020, switching to a cornstarch formula.
Florida Jury Awards $18 Million in Asbestos-Related Mesothelioma Case
A Florida jury awarded $18 million to Denise Cook, a 64-year-old woman diagnosed with peritoneal mesothelioma after prolonged exposure to asbestos in brake dust. The jury assigned 15% liability to Hennessy Industries, manufacturer of the Ammco brake grinder used by Cook’s father, while attributing the remaining 85% to other entities, including auto parts manufacturers and Johnson & Johnson. Cook’s legal team successfully argued that chrysotile asbestos in automotive brakes caused her cancer, countering defense claims denying the connection. The plaintiff’s attorney stated the verdict refutes longstanding industry assertions that such exposure cannot lead to peritoneal mesothelioma.
Senators Propose National Asbestos Awareness Week
Two U.S. Senators are leading a bipartisan effort to designate the first week of April as National Asbestos Awareness Week. The proposed initiative aims to educate the public about asbestos exposure risks and prevention strategies. With strong support from both parties, the campaign would highlight the ongoing dangers of asbestos and promote safety measures. If approved, the awareness week would launch coordinated outreach efforts nationwide.
About Asbestos Lawsuit
For decades, asbestos was used in insulation, construction materials, shipbuilding, and industrial products because it was cheap, durable, and heat-resistant. We now know that asbestos fibers can cause serious and often fatal diseases when they are inhaled or ingested.
Many companies continued to use asbestos long after health risks became known, exposing workers, military service members, and families in their homes and communities. Today, people diagnosed with asbestos-related illnesses are pursuing lawsuits to seek compensation for medical bills, lost income, and the pain they’ve endured.
Unfortunately, many people don’t realize that their health problems are linked directly to asbestos exposure. If you suffer from health conditions, then there are legal actions you can take.
If you or a loved one has been diagnosed with an illness linked to asbestos exposure, you may qualify to join an asbestos exposure lawsuit or related claims.
Health Risks Linked to Asbestos Exposure
Asbestos fibers are microscopic and can remain in the lungs and body for years. Over time, this can lead to life-threatening conditions, including:
- Mesothelioma – an aggressive cancer of the lining of the lungs, abdomen, heart, or testicles
- Lung cancer
- Asbestosis – a chronic, progressive lung disease caused by scarring
- Other asbestos-related cancers such as certain abdominal, gastrointestinal, or testicular cancers
Symptoms may not appear for 10–40 years after exposure, which is why many people are only now connecting their diagnosis to asbestos.
Who Qualifies for an Asbestos Class Action or Exposure Lawsuit?
To potentially qualify for an asbestos lawsuit, most claimants must show both exposure and a diagnosed asbestos-related condition. You may qualify if you:
- Provide medical records or documentation of a diagnosis that is known to be related to asbestos exposure, such as mesothelioma or lung cancer, Testicular Cancer, Abdominal Cancer, Heart Variety, and Lung Injuries.
- Proof of asbestos exposure in your workplace, during a home renovation, or while living in a residence or area contaminated with asbestos.
- Show proof that you developed an asbestos-related health condition after significant asbestos exposure.
Please note that to potentially qualify, you must have been exposed to asbestos on the job or in the military. In addition, you must have a diagnosis that has a definitive causal relation with asbestos exposure.
If you have been employed in one of the following occupations for 5 or more years and diagnosed with the above illnesses, you may be entitled to compensation from this settlement:
- Asbestos mining worker
- Asbestos factory worker
- U.S. Navy veteran
- Automotive Mechanic
- Commercial carpenter
- Laborer
- Insulator
- Pipefitter
- Electrician
- Welder
- HVAC Worker
- Machinist
- Longshoreman
- Shipbuilder
- Boilermaker
- Boiler factory worker
- Petrochemical plant and refinery worker
- Power plant and utility worker
- Railroad worker
- Shipyard worker
- Steel and ironworker
- Textile mill worker
- Paper and pulp mill worker
- Tire and rubber factory worker
In many cases, you must also show you had significant occupational exposure or military exposure over several years.
Which Companies Are Involved in the Asbestos Lawsuit?
Currently, several companies that used or manufactured asbestos are facing lawsuits. Many of these companies knew the dangers associated with asbestos use and exposure but continued to expose workers and the public to the dangerous substance without creating any proper safety measures.
Over the years, as the link between asbestos exposure and severe health issues has become undeniable, we have decided to seek legal assistance and take a stand against the asbestos companies in the courtroom. These companies are now being held accountable for their actions.
If you believe your health has been impacted by asbestos exposure, you could join others in seeking justice and potential compensation with a class action lawsuit.
What Compensation Can You Expect in Your Asbestos Lawsuit?
The amount of compensation gained in an asbestos lawsuit varies depending on several factors:
- The severity of your health condition.
- How much exposure have you had to asbestos.
- The strength of your evidence.
Asbestos cases can lead to significant settlements because of the life-threatening conditions that arise from exposure. While each case is different, many victims have received compensation to cover medical bills, lost wages, and pain and suffering.
Determining a typical settlement amount in an asbestos lawsuit can be difficult, as many factors can impact the financial outcome. The severity of your illness, the strength of your evidence, decisions made by the jury, and the experience of your legal team all impact settlement amounts.
Currently, asbestos lawsuits have been ongoing for years, but each case is unique. Based on previous cases involving asbestos exposure, a lawyer can estimate potential settlement amounts depending on the type and extent of harm suffered by the plaintiffs.
Why Acting Soon Matters
Asbestos cases are subject to statutes of limitations, which limit the time you have to file after a diagnosis or death. These deadlines vary by state and by case type (personal injury vs. wrongful death).
Even if your exposure happened decades ago, your time to file usually starts when you’re diagnosed, not when you were exposed. If you wait too long, you may lose your right to pursue compensation.
If you or someone you love has been affected by asbestos exposure, don’t wait. Take action now and contact us to find out if you may qualify for the class action lawsuit.
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