Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Court: Supreme Court of New York, New York County (NYCAL) In this asbestos action, boiler defendant Burnham LLC was sued for a variety of claims, including failure to warn, loss of consortium, and punitive damages. Burnham moved to dismiss the claims, arguing the plaintiff failed to plead with particularity. A motion to dismiss for failure …
Court: Supreme Court of New York, New York County In this asbestos action, defendant T.M. Cobb moved to dismiss plaintiff James Witte’s complaint against them for lack of personal jurisdiction. T.M. Cobb argued that it did not have connections to New York as it did not sell products, nor conducted business, in New York State. …
U.S. District Court for the Eastern District of Missouri, Eastern Division As previously reported by the Asbestos Case Tracker, decedent Gustave Sahm died from lung cancer allegedly caused by asbestos exposure from 1956 to 2020 while serving in the Navy and working at various jobs throughout his career. His heirs filed suit in the Circuit …
Supreme Court of New York, Appellate Division, First Department, June 7, 2022 In this asbestos case, Crosby Valve LLC (“Crosby”) appealed a June 2021 decision from the New York Supreme Court, New York County, which denied its motion to dismiss for lack of personal jurisdiction. By way of background, George Seger, III (“Plaintiff”) allegedly developed …
State of New York, Supreme Court, County of Monroe, May 16, 2022 Plaintiffs John and Jayne Gaub commenced an asbestos-related lawsuit on February 22, 2021, against several defendants, including Textron, Inc., sued individually and as alleged successor to Bridgeport Machines, Inc. (defendant) for damages from personal injuries from Mr. Gaub’s alleged asbestos exposure from various …
U.S. District Court for the Eastern District of North Carolina, Eastern Division, May 13, 2022 The plaintiffs Augustus Adams and his wife brought suit against numerous defendants, alleging that Mr. Adams developed mesothelioma and other lung damage from exposure to asbestos fibers during the course of his employment. The plaintiffs assert claims for defective design, …
Supreme Court of New York, New York County, April 24, 2022 The defendant, PB Heat LLC, filed a motion to dismiss the plaintiff’s complaint and a motion to impose sanctions. The plaintiff filed suit against PB Heat claiming exposure to asbestos, arguing that the doctrine of successor liability is applicable to PB Heat. PB Heat …
United States District Court for the Southern District of Florida, April 5, 2022 In this asbestos action, plaintiff John R. Andres passed away in April 2020, allegedly as a result of his diagnosis with mesothelioma. His son subsequently filed suit in Florida against 51 defendants, alleging that his father came into contact with numerous asbestos-containing …
U.S. District Court for the Southern District of California, October 21, 2021 In this asbestos action, Dale Spurlin served in the U.S. Navy from 1963 until 1969. During this time, he alleged asbestos exposure while maintaining the boilers and other equipment in the fire rooms on the USS McGinty and the USS Rowan. After this …
U.S. District Court for the Eastern District of Louisiana, March 31, 2021 In October 2019, plaintiff Stephen Legendre, filed a lawsuit alleging that he contracted mesothelioma in September 2019. He alleged that his mesothelioma was caused by take-home exposure to asbestos from his father who worked at Avondale from 1943 to 1945. Avondale removed the …