Asbestos Case Tracker

On March 3, 2021, the PROTECT Asbestos Victims Act, otherwise known as S.574, was introduced in the U.S. Senate by Senators Thom Tillis (R-NC), John Cornyn (R-TX), and Chuck Grassley (R-IA). This legislation attempts to reform the asbestos bankruptcy trust system by providing oversight of asbestos bankruptcy trusts, ensuring those harmed by asbestos receive fair … Continued

While 2020 delayed many aspects of litigation due to the COVID-19 pandemic, some jurisdictions such as New York City still managed to hold its title as one of the nation’s top judicial hellholes. As previously reported by the Asbestos Case Tracker, as of November 13, 2020, New York terminated the scheduling of any new jury … Continued

2020 has been one of the most unprecedented years in the court system nationwide due to the coronavirus pandemic. Unsurprisingly, case and motion filing were down in 2020. As previously reported by the Asbestos Case Tracker, the number of motion filings were significantly down in the second and third quarters of 2020. In addition, consulting … Continued

In 2019, we saw the U.S. Supreme Court reject the bare metal defense under federal maritime law, resolving a circuit split on the issue. The Supreme Court held that “a product manufacturer has a duty to warn when (i) its product requires incorporation of a part, (ii) the manufacturer knows or has reason to know … Continued

As the Asbestos Case Tracker previously reported here, former NYCAL Coordinating Judge Manuel Mendez was appointed to the Appellate Division of the Supreme Court, First Department, in July 2020. With Judge Mendez assuming his new role in the First Department, Judge Adam Silvera was announced as the new NYCAL coordinating judge. Silvera obtained his undergraduate … Continued

Due to court closures and stays placed in cases as a result of the COVID-19 pandemic, there was a significant downturn in the advancement of motions throughout the second and third quarters of 2020. However, the Asbestos Case Tracker has reported on recent motions in limine and causation-based motions for summary judgment involving these issues, … Continued

In a case recently reported by the Asbestos Case Tracker, the nation saw the first asbestos-related Zoom trial go to verdict. While the trial went through to verdict, it was not without serious procedural and technological hiccups that were noted by both sides of the bar and the judge. During the trial, Honeywell’s counsel filed … Continued

On July 13, 2020, Governor Andrew M. Cuomo announced four appointments to fill vacancies in the Appellate Division of the Supreme Court, in the First Department of New York State. Two of those appointees are no strangers to New York Asbestos Litigation (NYCAL), Judge Martin Shulman and Judge Manuel Mendez. NYCAL has one of the most … Continued