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This case was last updated from PACER on 07/14/2021 at 06:51:44 (UTC).

McElroy et al v. AT&T Corp. et al

Case Summary

On April 20, 2021, Patricia McElroy and Stephen McElroy (“Plaintiffs”) represented by Janet Ward Black of Ward Black Law filed a personal injury lawsuit against AT&T Corporation, Brenntag North America, Inc., Brenntag Specialties, Inc., Colgate-Palmolive Company, Estee Lauder, Inc. and others (collectively, “Defendants”) seeking monetary compensatory damages and other reliefs for alleged injuries suffered due to asbestos containing products of the Defendants. This case was filed in the U.S. District Court for the Eastern District of North Carolina with Judge Louise Wood Flanagan presiding. 

 

In the complaint, the Plaintiffs have alleged that “From approximately 1973 through 1974, Plaintiff Patricia McElroy was exposed to asbestos while employed as a Telephone Installer for Farmer’s Telephone Company. In this matter, Patricia McElroy was exposed to asbestos from asbestos- containing wires, cables and soldering pads. The asbestos-containing wires, cables and soldering pads were manufactured, distributed and/or supplied by AT&T Corporation  and Nokia of America Corporation. From approximately 1957 through 1975, Plaintiff Patricia McElroy was exposed to asbestos through her personal, daily use of asbestos-containing Cashmere Bouquet Talcum Powder, Johnson’s Baby Powder and Estee Lauder Private Collection Perfumed Body Powder products.”

 

The Plaintiffs have further alleged that “Defendants, acting by and through their servants, agents and employees, duly authorized and acting within the scope and authority of their employment had a duty to design, manufacture and sell their asbestos-containing products that were not unreasonably dangerous or defective and/or a duty to warn Plaintiff Patricia McElroy and foreseeable users, bystanders, and household members of the dangers and defects of Defendants’ asbestos-containing products, which the Defendants created, knew, or within the exercise of reasonable care, should have known.”

 

There are five causes of action laid down by the Plaintiffs for relief. The first cause of action is for alleged negligence, as Defendants, at the time of designing, manufacturing, distributing, selling, or otherwise knew, or in the exercise of reasonable care should have known, about the risks associated with Defendants’ asbestos-containing products. The second cause of action is for alleged Product liability due to inadequate design, formulation and design. The third cause of action is for breach of implied warranty. The fourth cause of action is for alleged willful and wanton conduct. The Defendants, individually and collectively, allegedly ignored and failed to act upon medical and scientific data which clearly indicates that Defendants’ asbestos-containing products were hazardous to their health. The fifth cause of action is for alleged failure to warn of the harmful effects and/or dangers of working with asbestos-containing products. 

 

In the prayer for relief, the Plaintiffs have requested the Court to award actual and punitive damages  in excess of $75,000.00 plus interest as provided by law and the costs of this action against the Defendants, jointly and severally, by reason of said negligence, gross negligence, breach of warranty, false representation, failure to warn, conspiracy, and other breaches of duty, and willful, wanton, and malicious conduct as alleged herein proximately caused by the fault of the Defendants which resulted in damages such as hospital & medical damages, loss of earnings, future loss of consortium, pain and suffering etc.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    5:21-CV-00179

  • Filing Date:

    04/20/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Asbestos Product Liability

  • Court:

    U.S. District Courts

  • Courthouse:

    North Carolina Eastern District

Judge Details

Presiding Judge

Louise Wood Flanagan

 

Party Details

Plaintiffs

Stephen McElroy

Patricia McElroy

Defendants

Estee Lauder, Inc.

AT&T Corp.

Specialty Minerals, Inc.

Johnson Consumer, Inc.

Whittaker Clark & Daniels, Inc.

Johnson & Johnson

Pfizer Inc.

Colgate-Palmolive Company

Brenntag Specialties, Inc.

Nokia of America Corporation

Brenntag North America, Inc.

Johnson & Johnson Consumer, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Janet Ward Black

Attorney at Ward Black Law

208 West Wendover Avenue

Greensboro, NC 27401

Audrey Snyder

Attorney at Ward Black Law

208 West Wendover Avenue

Greensboro, NC 27401

Demetrios T. Zacharopoulos

Attorney at Flint Law Firm, LLC

222 E. Park St, Ste 500

Edwardsville, IL 62025

Troyce G. Wolf

Attorney at Flint Law Firm, LLC - Texas

3838 Oak Lawn Avenue, Ste. 1000

Dallas, TX 75219

Defendant Attorneys

John T. Holden

Attorney at Dickie, McCamey & Chilcote, PC

2115 Rexford Rd., Suite 210

Charlotte, NC 28211

Rachel M. Rosenberg

Attorney at Dechert LLP

Cira Center, 2929 Arch Street

Philadelphia, PA 19104

Ursula M. Henninger

Attorney at King & Spalding LLP

300 South Tryon Street, Suite 1700

Charlotte, NC 28202

William Michael Starr

Attorney at Nelson Mullins Riley & Scarborough LLP

301 South College Street, 23Rd Floor

Charlotte, NC 28202-4007

Tracy E. Tomlin

Attorney at Nelson Mullins Riley & Scarborough LLP

301 South College Street, 23Rd Floor

Charlotte, NC 28202-4007

Anna C. Majestro

Attorney at Nelson Mullins Riley & Scarborough LLP

301 South College Street, 23Rd Floor

Charlotte, NC 28202-4007

Benjamin Smith Chesson

Attorney at Nelson Mullins Riley & Scarborough LLP

301 South College Street, 23Rd Floor

Charlotte, NC 28202-4007

 

Court Documents

#47

(#47) Certificate of Service filed by Patricia McElroy, Stephen McElroy re: Plaintiffs' Notice of Intent to Take the Oral and Videotaped Evidence Deposition of Patricia McElroy. (Zacharopoulos, Demetrios) (Entered: 07/13/2021)

46 #7

Text of Proposed Order proposed Entry of Default

46 #6

Affidavit Affidavit of Demetrios T. Zacharopoulos for Entry of Default

46 #5

Exhibit 5

46 #4

Exhibit 4

46 #3

Exhibit 3

46 #2

Exhibit 2

46 #1

Exhibit 1

#46

(#46) MOTION for Default Judgment as to Defendants Brenntag North America, Inc.; Brenntag Specialties, Inc.; Specialty Minerals, Inc. and Whittaker, Clark & Daniels filed by Patricia McElroy, Stephen McElroy. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Affidavit Affidavit of Demetrios T. Zacharopoulos for Entry of Default, #7 Text of Proposed Order proposed Entry of Default) (Zacharopoulos, Demetrios) (Entered: 07/12/2021)

1 #11

Proposed Summons

1 #10

Proposed Summons

1 #9

Proposed Summons

1 #8

Proposed Summons

1 #7

Proposed Summons

1 #6

Proposed Summons

1 #5

Proposed Summons

1 #4

Proposed Summons

1 #1

Civil Cover Sheet

72 More Documents Available
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Docket Entries

  • 07/13/2021
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  • Docket(#47) Certificate of Service filed by Patricia McElroy, Stephen McElroy re: Plaintiffs' Notice of Intent to Take the Oral and Videotaped Evidence Deposition of Patricia McElroy. (Zacharopoulos, Demetrios) (Entered: 07/13/2021)

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  • 07/12/2021
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  • Docket(#46) MOTION for Default Judgment as to Defendants Brenntag North America, Inc.; Brenntag Specialties, Inc.; Specialty Minerals, Inc. and Whittaker, Clark & Daniels filed by Patricia McElroy, Stephen McElroy. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Affidavit Affidavit of Demetrios T. Zacharopoulos for Entry of Default, #7 Text of Proposed Order proposed Entry of Default) (Zacharopoulos, Demetrios) (Entered: 07/12/2021)

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  • 07/07/2021
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  • DocketNotice to Counsel regarding: #44 Amended Complaint Proposed Summons. Counsel is reminded pursuant to IV.B. of the court's CM/ECF Policies and Procedures Manual that the court requires 'flattened' versions of fillable documents and forms to be filed. (Collins, S.) (Entered: 07/07/2021)

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  • 07/07/2021
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  • Docket(#45) Summons Issued as to Johnson & Johnson Consumer, Inc. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Collins, S.) (Entered: 07/07/2021)

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  • 07/07/2021
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  • Docket(#44) FIRST AMENDED COMPLAINT against Johnson & Johnson Consumer, Inc., filed by Stephen McElroy, Patricia McElroy. (Attachments: #1 Exhibit proposed Summons) (Zacharopoulos, Demetrios) Modified on 7/7/2021 to revise docket text. (Collins, S.). (Entered: 07/07/2021)

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  • 07/07/2021
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  • Docket(#43) INITIAL ORDER REGARDING PLANNING AND SCHEDULING - Discovery Plan due by 8/11/21. Counsel should read attached order in its entirety for critical information and deadlines. Signed by District Judge Louise Wood Flanagan on 7/7/2021. (Collins, S.) (Entered: 07/07/2021)

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  • 07/07/2021
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  • Docket(#42) Notice directing plaintiff to proceed after failure to answer in accordance with Rule 55 of the Federal Rules of Civil Procedure within twenty-one (21) days of receipt of this notice, with regard to defendants AT&T Corp, Brenntag North America, Inc., Brenntag Specialties, Inc., Nokia of America Corporation, Specialty Minerals, Inc. and Whittaker Clark & Daniels, Inc. (Collins, S.) (Entered: 07/07/2021)

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  • 07/07/2021
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  • Docket(#41) ORDER granting #26 MOTION for Leave to File First Amended Complaint. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 7/7/2021. (Collins, S.) (Entered: 07/07/2021)

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  • 07/06/2021
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  • DocketMotion Submitted to District Judge Louise Wood Flanagan regarding #26 MOTION for Leave to File. (Collins, S.) (Entered: 07/06/2021)

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  • 06/28/2021
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  • Docket(#40) SUMMONS Returned Executed by Stephen McElroy, Patricia McElroy. Whittaker Clark & Daniels, Inc. served on 5/21/2021, answer due 6/11/2021. (Zacharopoulos, Demetrios) (Entered: 06/28/2021)

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34 More Docket Entries
  • 05/24/2021
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  • Docket(#9) Notice of Special Appearance on behalf of Attorney Rachel Rosenberg for non-district by John T. Holden on behalf of Estee Lauder, Inc.. (Holden, John) Modified on 5/25/2021 to revise docket text. (Collins, S.). (Entered: 05/24/2021)

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  • 05/24/2021
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  • Docket(#8) Notice of Appearance Local 83.1 Counsel filed by John T. Holden on behalf of Estee Lauder, Inc.. (Holden, John) Modified on 5/25/2021 to revise docket text. (Collins, S.). (Entered: 05/24/2021)

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  • 05/24/2021
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  • Docket(#7) **CORRECTED AND REFILED AT #11 ** Notice of Appearance filed by Demetrios T. Zacharopoulos on behalf of All Plaintiffs. (Zacharopoulos, Demetrios) Modified on 5/27/2021 (Collins, S.). (Entered: 05/24/2021)

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  • 05/12/2021
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  • Docket(#6) Notice filed by Patricia McElroy, Stephen McElroy regarding #1 Complaint, Summons to be reissued to Johnson & Johnson and Johnson Consumer, Inc.. (Attachments: #1 Proposed Summons) (Black, Janet Ward) (Entered: 05/12/2021)

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  • 04/27/2021
  • DocketCase Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Collins, S.) (Entered: 04/27/2021)

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  • 04/27/2021
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  • Docket(#5) Summons Issued as to All Defendants. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Collins, S.) (Entered: 04/27/2021)

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  • 04/21/2021
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  • Docket(#4) Notice of Appearance filed by Audrey Snyder on behalf of All Plaintiffs. (Snyder, Audrey) (Entered: 04/21/2021)

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  • 04/20/2021
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  • Docket(#3) Notice of Appearance filed by Janet Ward Black on behalf of All Plaintiffs. (Black, Janet Ward) (Entered: 04/20/2021)

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  • 04/20/2021
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  • Docket(#2) Financial Disclosure Statement by Patricia McElroy (Attachments: #1 Financial Disclosure Form for Stephen McElroy) (Black, Janet Ward) (Entered: 04/20/2021)

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  • 04/20/2021
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  • Docket(#1) COMPLAINT against All Plaintiffs ( Filing fee $ 402 receipt number 0417-5996352.), filed by Patricia McElroy. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons, #7 Proposed Summons, #8 Proposed Summons, #9 Proposed Summons, #10 Proposed Summons, #11 Proposed Summons, #12 Proposed Summons) (Black, Janet Ward) (Entered: 04/20/2021)

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