Category: Asbestos & Lung Disease

BG Trial Team Begins J&J Bad Faith Bankruptcy Trial in Texas

A Bailey Glasser trial team heads to court today in Texas to contest the third attempt by Johnson & Johnson to deny people injured by its talc products their day in court as guaranteed by the United States Constitution. Our team in Texas is being led by founding partner Brian A. Glasser, Mass Tort Practice Group Leader David L. Selby, Electronically Stored Information Practice Group Leader Katherine E. Charonko, and litigator Elizabeth L. Stryker. Additional members of the BG team includes Bankruptcy Practice Group Leader Jonathan Gold, partner D. Todd Mathews, and of counsel Thomas B. Bennett, and our co-counsel includes the firms of Otterbourg P.C. and Lawson & Moshenberg PLLC.

In this third bite at the bankruptcy apple, J&J subsidiary Red River Talc LLC is attempting to use the “Texas two-step” strategy, which is when a company splits itself, assigns liabilities to a newly created entity, and places that entity into bankruptcy to address claims involving asbestos-contaminated talc. J&J’s prior two talc liability spin-offs had their Chapter 11 cases dismissed as bad faith filings.

In 2022, J&J attempted its first “Texas two-step” Chapter 11 in New Jersey. The U.S. Court of Appeals for the Third Circuit dismissed that case, finding the spinoff wasn’t actually financially distressed and didn’t qualify for Chapter 11. Relying on the Third Circuit’s ruling, a New Jersey bankruptcy court tossed J&J’s second talc spinoff bankruptcy last year. Now J&J is taking another run at bankruptcy protection in what it perceives to be a more friendly Texas bankruptcy court.

Our team represents the Coalition of Counsel for Justice for Talc Claimants before the U.S. Bankruptcy Court for the Southern District of Texas. The case is In re: Red River Talc LLC, case number 4:24-bk-90505, in the U.S. Bankruptcy Court for the Southern District of Texas.

Times West Virginian Article Covers BG’s Asbestos Lawsuit against Fairmont State University

A lawsuit brought by Bailey Glasser Asbestos & Lung Disease partners Michael Robb and Travis Prince on behalf of Donna Spurling, a former Fairmont State University (FSU) nursing student who developed terminal lung cancer from asbestos exposure, continues to draw significant media coverage.

The latest coverage comes from the Times West Virginian, highlighting the legal fight for transparency and accountability from both FSU and the West Virginia Board of Risk Insurance Management (BRIM).

The article details how FSU and BRIM are using sovereign immunity defenses to avoid liability and block discovery into their insurance policies that could cover the Plaintiff’s claims and would pierce the sovereign immunity defense. The lawsuit alleges Ms. Spurling contracted terminal lung cancer after being exposed to asbestos while a nursing student at Fairmont State University in the late 90s. Spurling argues that Fairmont State’s failure to cover her for asbestos exposure violates her constitutional rights and that the defendants have engaged in bad-faith settlement negotiations, denying discovery that would reveal the extent of insurance coverage provided by the state.

In the article, Travis Prince strongly criticizes the Defendants’ tactics, stating: “BRIM, in concert with FSU’s Board of Governors, has engaged in a game of charades to prevent Ms. Spurling from understanding the true extent of insurance coverage provided by the state.” Prince also calls for greater transparency, arguing that discovery is essential to uncover whether additional insurance exists to cover Spurling’s claims.

Read the full article here.

To learn more about Michael Robb, visit here.

To learn more about Travis Prince, visit here.

#BaileyGlasser #AsbestosLitigation #Asbestos

BG Files Asbestos Lawsuit on Behalf of Woman Exposed on College Campus

Did you know that lung cancer can be caused by asbestos exposure at schools, universities, or hospitals? Bailey & Glasser, LLP recently filed an asbestos lawsuit in West Virginia on behalf of a 63-year-old nonsmoker who was diagnosed with lung cancer after being exposed to asbestos on a college campus and while working in various hospitals as a nursing student.

Did you know that lung cancer can be caused by asbestos exposure at schools, universities, or hospitals? Bailey & Glasser, LLP recently filed an asbestos lawsuit in West Virginia on behalf of a 63-year-old nonsmoker who was diagnosed with lung cancer after being exposed to asbestos on a college campus and while working in various hospitals as a nursing student.

BG partners Michael Robb and Travis Prince filed the complaint on behalf of Donna Spurling in Kanawha County Circuit Court against Fairmont State University and several West Virginia hospitals including Monongalia County General Hospital, United Hospital Center, and Fairmont Regional Medical Center.

Our Complaint alleges Ms. Spurling was exposed to building materials containing asbestos regularly in buildings on her college campus and at various hospitals while a nursing student at Fairmont State from 1998-2004. The Complaint details the history of asbestosis, saying the danger of asbestos dust to result in the potentially fatal lung disease was recognized in medical and scientific circles by the early 1930s, and includes details about how Metropolitan Life worked to hide the dangers of asbestos.

“Defendants had actual knowledge of the dangers to Donna R. Spurling of asbestos exposure, nevertheless, defendants deliberately, intentionally and purposefully withheld such information,” the Complaint stated.

Bailey Glasser’s Asbestos & Lung Disease practice is at the forefront of the fight for people poisoned by asbestos and other carcinogens and has years of experience representing individuals exposed to asbestos in both industrial and non-industrial settings such as schools and hospitals.

To learn more about this lawsuit, read the West Virginia Record article here.

For more about Mickey and his experience, visit here.

For more about Travis and his experience, visit here.

For more on our Asbestos & Lung Disease Practice, visit here.

Motion for Temporary Order Filed in Suit Against Johnson & Johnson

Bailey & Glasser, LLP and a group of leading law firms filed a motion to show cause why a preliminary injunction ought not issue to stop Johnson & Johnson and its subsidiaries from pursuing a new bankruptcy filing in any district other than in New Jersey, where tens of thousands of civil lawsuits are already consolidated in multidistrict litigation.

The company recently announced the pursuit of a prepackaged bankruptcy plan to resolve talc claims in an unspecified federal court in Texas. Two previous bankruptcy filings by the company have been denied by the courts in New Jersey, where J&J is headquartered. In today’s filing, we seek a temporary restraining order on the basis that J&J is attempting to evade jurisdiction and continue to manipulate the bankruptcy process to disadvantage tens of thousands of women who developed cancer from continued use of Johnson’s products. We also seek to prevent any amendments to agreements between J&J and its subsidiaries to fund the plan without notifying the plaintiffs.

The Bailey Glasser team in this case includes founding partner Brian A. Glasser; David L. Selby II, the firm’s Mass Tort Practice Group Leader, partner D. Todd Mathews, Of Counsel Thomas B. Bennett, partner Thanos Basdekis, partner and Consumer Protection Practice Group Leader Patricia Kipnis, and Of Counsel Michael Shenkman. Other firms representing the plaintiffs in this lawsuit are Beasley Allen Crow Methvin Portis & Miles PC, Levin Papantonio Rafferty Proctor Buchanan O’Brien Barr Mougey PA; Golomb Legal; Ashcraft & Gerel LLP; and Burns Charest LLP.

On behalf of our clients, we have requested that the injunction hearing be heard at the earliest possible time.

For more please visit this link.

Bailey Glasser Adds Two Lawyers to its Asbestos & Lung Disease Practice

Bailey & Glasser, LLP has added two compassionate and dedicated lawyers to its national Asbestos and Lung Disease practice group. Jena Borden will practice in the firm’s Maryville, Illinois office, and Timothy Leckenby is the newest member of the firm’s Pittsburgh, Pennsylvania office. Jena and Tim focus their practice on representing individuals who have contracted mesothelioma, asbestosis, and other lung diseases caused by exposure to asbestos.

Of Counsel lawyer Jena L. Borden is an experienced litigator with over twenty years of experience representing plaintiffs injured by products made by companies that put profits over people. Jena has collected millions in settlements for asbestos victims nationwide, but she also brings valuable regional expertise having litigated cases in the most active court in the nation for asbestos litigation, Madison County, Illinois. For more about Jena Borden please click here.

Lawyer Timothy Leckenby joins our busy Pittsburgh asbestos team focusing on investigating asbestos cases from industrial settings like steel mills, chemical plants, power plants, or factories to residential dwellings and school buildings. Tim brings prior litigation experience including contract, personal injury, professional negligence, e-discovery, class actions and multidistrict litigation, unfair trade practices, and federal declaratory judgment actions. Learn more about Timothy Leckenby here.

To read the full announcement, please visit here.

To learn more about our Asbestos and Lung Disease practice, please visit here.

The U.S. Environmental Protection Agency Bans Ongoing Use of Asbestos

On March 18, 2024, the United States Environmental Protection Agency (EPA) announced a final rule prohibiting the use of chrysotile asbestos, the last remaining type of asbestos that was being used and imported into the United States. Considering that asbestos is a known carcinogen that is already banned in more than fifty (50) countries, this is a monumental announcement that is long overdue.

The pervasive severe health risks associated with asbestos exposure have been well-documented for decades. Though new asbestos use in the United States has declined steadily since the 1980s, each year in the United States asbestos exposure is linked to 40,000 deaths from lung cancer, mesothelioma, and other cancers. The unfortunate reality is that asbestos still lingers as a construction material in millions of homes and public buildings throughout the United States.

Traditionally, the risk of asbestos exposure and related diagnoses of lung cancer or mesothelioma was associated with working in an industrial setting like shipbuilding, factories, or servicing heavy machinery. While those risks have reduced with the passage of time, the risk of exposure from asbestos-containing building materials in public buildings and college campuses remains.

Although there are several known types of asbestos, the only form known to be imported, processed, or distributed for use in the United States is chrysotile. The EPA ban comes on the heels of steadily increasing imports of chrysotile asbestos each year, as recently as 2022. Chrysotile asbestos is found in many products including asbestos diaphragms, sheet gaskets, brake blocks, aftermarket automotive brakes/linings, other vehicle friction products, and other gaskets.

Though this decision to ban chrysotile asbestos is long overdue, it is not the end of asbestos use in the United States. As Phase II of its asbestos risk evaluation, the EPA will be considering legacy uses of chrysotile asbestos, disposal of chrysotile asbestos, as well as asbestos-containing talc. Our asbestos litigation team will continue to monitor the EPA’s evaluation closely and provide an update when Phase II is complete.

While asbestos exposure has been linked to lung cancer and mesothelioma for decades the long latency period is a lesser-known consequence of exposure. This means that you may be diagnosed with lung cancer or mesothelioma decades after you were exposed to asbestos. Contacting an attorney as soon as you are diagnosed with lung cancer or mesothelioma is critical to allow for your potential claim to be timely investigated and filed.

If you or a loved one has been diagnosed with lung cancer or mesothelioma it is important to act quickly to protect your rights. Contact us today to schedule a consultation with a member of our asbestos litigation team. You don’t have to face this challenging situation alone – we are here to fight for you.

Learn more about partner Travis Prince here.

And for more information on our Asbestos & Lung Disease, please visit here.

Sources:

https://www.epa.gov/newsreleases/biden-harris-administration-finalizes-ban-ongoing-uses-asbestos-protect-people-cancer

https://www.bbc.com/news/world-us-canada-68602748#

Partner D. Todd Mathews Named a “Super Lawyer”

BG partner Todd Mathews has been named a 2024 Super Lawyer. Todd dedicates his career to fighting for people injured by defective products like asbestos, hernia mesh, 3M’s combat earplugs, as well as on behalf of survivors of sexual abuse. We thank everyone who took part in Todd receiving this recognition. For more about Todd and his work, please visit here.

In addition to this accolade, Todd is a member of the National Trial Lawyers Top 100, an invitation-only organization composed of premier trial lawyers from each state or region, and is a lifetime member of the Million Dollar Advocates Forum, one of the most prestigious groups of trial lawyers in America. In 2024 he was also recognized by Best Lawyers in America in three categories: Mass Tort Litigation / Class Action – Plaintiffs, Medical Malpractice Law – Plaintiffs, and Product Liability Law – Plaintiffs.

Todd Mathews Speaks on Mass Tort Panel

Bailey & Glasser, LLP partner and mass tort litigator Todd Mathews is speaking on May 4th at the Mass Torts Puerto Rico conference on hot topics in mass torts law and sharing our firm’s experiences in the past year’s impactful litigations including the Johnson & Johnson/LTL “Texas Two Step” litigation, the 3M/Aereo bankruptcy, trends in asbestos litigation, and more. 🔥

BG Partner Michael “Mickey” Robb Convinces EPA To Evaluate Whether College Students & Employees Are At An Increased Risk For Exposure To Asbestos

Mickey Robb

Congratulations to BG partner Michael “Mickey” Robb for convincing the U.S. Environmental Protection Agency to evaluate college/university students and employees as a group that is at an elevated risk for exposure to cancer-causing asbestos that lingers in aging higher education buildings across the United States.

When the EPA recently asked for public comment on its new Risk Evaluation for Asbestos Part 2, Mickey filed a public comment educating the EPA on Bailey & Glasser, LLP’s extensive investigation into the widespread asbestos contamination that exists inside of college and university buildings across America.

In his public comment, Mickey urged the EPA to modify its Potentially Exposed or Susceptible Subpopulations group to include individuals who may be exposed to asbestos while they are working or taking classes inside of college and university buildings.

The EPA’s response to Mickey’s request is noted below in this excerpt from the Federal Register:

“I’m honored that the EPA has taken our suggested rule modifications seriously,” Mickey said. “This is a monumental first step toward protecting college and university employees and students from exposure to asbestos inside of aging school buildings across the nation.”

Bailey Glasser Fights for 38,000 Talc Plaintiffs in JNJ/LTL “Texas Two Step” Bankruptcy Proceeding

Bailey Glasser was selected by the Official Committee of Talc Plaintiffs to co-lead the challenge to Johnson & Johnson’s “Texas Two Step” that denied 38,000 victims of its cancer-causing talcum powder to a jury trial. Johnson & Johnson – one of the world’s wealthiest companies, worth more than half a trillion dollars – created a subsidiary business for the express purpose of claiming bankruptcy in order to deny justice to 38,000 victims of J&J’s cancer-causing talcum powder products. The case is now underway in U.S. Bankruptcy Court in the District of New Jersey, and an appeal to the Motion to Dismiss is pending before the United States Circuit Court for the Third Circuit.

For a larger roundup of news articles about this important matter, please visit here.