New Jersey Asbestos Case Law

Asbestos decisions from New Jersey's courts and the federal courts there: 118 cases in our library so far. For what the law requires today, see New Jersey asbestos laws; for where exposure happened, see New Jersey asbestos exposure sites.

Federal district courts

U.S. District Court, District of New Jersey

• In re Congoleum Corporation (2009). The District Court reversed the Bankruptcy Court's denial of confirmation as to the pre-petition payments to Arseneault, Cook and Comstock, affirmed it as to the missing court-approval provision for the $2 million in fees to claimants' counsel, reversed the dismissal of Congoleum's bankruptcy cases, and withdrew the reference.
• Prudential Ins. Co. of America v. US Gypsum Co. (2001). The court granted U.S. Gypsum summary judgment on res judicata for seven of eight buildings (denied for South Tower and Century Center IV) and dismissed Prudential's RICO claims as time-barred, then declined supplemental jurisdiction over the state-law claims.
• Campolongo v. Celotex Corp. (1988). On defendants' pretrial motion in limine, the court ruled it would have severed the strict liability claim from the negligence and punitive damage claims, in exchange for defendants waiving assumption of the risk and superseding cause; the case then settled.
• Sea-Land Service, Inc. v. US (1988). The court granted the United States' motion to dismiss Sea-Land's suit for contribution and indemnity, holding the contribution claim time-barred and noting Sea-Land could not support an indemnity claim.
• US v. Tzavah Urban Renewal Corp. (1988). The court granted the United States' motion for a preliminary injunction against the hotel owners and operators (Tzavah, Pinros, Roth, Mayer and Hampel), requiring them to secure the building, properly dispose of the asbestos material and comply with EPA orders.
• Lac D'Amiante Du Quebec v. Am. Home Assur. Co. (1985). The court granted summary judgment to plaintiff Lac d'Amiante du Quebec and denied the cross-motions of insurers American Home, Highlands and Midland, holding their policies were triggered under the continuous (Keene) theory and each triggered insurer was fully liable for indemnity and defense costs.

Federal bankruptcy courts

U.S. Bankruptcy Court, District of New Jersey

• In re Ltl Management LLC (2023). The bankruptcy court granted in part and denied in part the talc claimants' law firms' requests for substantial contribution administrative claims: it allowed claims for general discovery, first day matters and venue change work, and 25% of the claims for opposing the preliminary injunction and automatic stay extension, and denied fees for work done while the official committees' professionals were in place.
• In re Ltl Management, LLC (2023). The bankruptcy court granted the motions of talc claimants, the Official Committee of Talc Claimants, the U.S. Trustee and others and dismissed LTL Management's second chapter 11 case as a bad-faith filing, because LTL did not show imminent financial distress; the debtor and the supporting law firms lost.
• In re Ltl Management, LLC (2023). The bankruptcy court granted LTL Management's motion in part and denied it in part, replacing the temporary restraining order with a limited preliminary injunction that bars trials against the listed non-debtor Protected Parties through June 15, 2023, with the multi-district litigation restraints to be revisited on May 22, 2023.
• In re Ltl Management, LLC (2022). The bankruptcy court granted LTL Management's motion and extended the automatic stay, or alternatively a § 105(a) preliminary injunction, to the New Mexico and Mississippi consumer protection actions against J&J and related nondebtors, over the States' objections, subject to review at a later hearing.
• In re Ltl Management, LLC (2022). The bankruptcy court granted debtor LTL Management's motion and preliminarily enjoined the securities class (SDCERA and the putative class) from continuing the securities action against J&J and non-debtor affiliates, with the stay to be revisited on June 29, 2022.
• In re Ltl Management, LLC (2022). The bankruptcy court denied the motions by the Official Committee of Talc Claimants and Arnold & Itkin to dismiss LTL Management's chapter 11 case as a bad-faith filing, so the debtor (LTL) won and the talc claimants lost.
• In re Ltl Management, LLC. (2022). The bankruptcy court granted in part the motions of debtor LTL and the Arnold & Itkin law firm, struck the U.S. Trustee's Notice of Appointment of two talc claimant committees, disbanded those committees, and reinstated the original committee, over the U.S. Trustee's position.
• N RE Ltl Management, LLC (2022). The bankruptcy court granted LTL Management's motion, extending the automatic stay (and, alternatively, a preliminary injunction) to J&J, New JJCI and the retailers, over the objections of the talc claimants' committee, AWKO and certain insurers, and set a review for June 29, 2022.
• In re GI Holdings, Inc. (2016). The bankruptcy court granted G-I Holdings' summary judgment motion and dismissed the New York City Housing Authority's indemnity and restitution claims, and denied the Housing Authority's cross-motion for partial summary judgment on liability.
• In re GI Holdings, Inc. (2014). The bankruptcy court granted G-I Holdings' motion to dismiss the New York City Housing Authority's complaint for injunctive and declaratory relief with prejudice, holding the claims barred by the confirmed Plan.
• In re Congoleum Corp. (2007). The bankruptcy court granted in part and denied in part the insurers' summary judgment motions, ruling the Debtors' Tenth Modified Joint Plan unconfirmable as a matter of law, in favor of the objecting insurers and against Congoleum and the asbestos claimants' committee.
• In re GI Holdings, Inc. (2005). The bankruptcy court denied debtor G-I Holdings' motion to liquidate asbestos claims through its medical matrix, denied the Committee's request for a mandatory § 524(g) trust, and ordered an aggregate estimation of present claims in phases.