Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Supreme Court of New York, Appellate Division, First Department In July 2023, the trial court denied a door manufacturer’s motion to dismiss. Upon appeal, the Supreme Court, Appellate Division, First Department found that defendant T.M. Cobb Company’s motion to dismiss should have been granted for lack of personal jurisdiction. The court held that “there is …
Court: United States District Court for the District of Massachusetts Plaintiffs Robert and Judith Gillis of Massachusetts filed this action against numerous defendants in Massachusetts state court, alleging the defendants caused Robert Gillis to be exposed to asbestos and to, thereafter, develop mesothelioma. Defendant John Crane Inc. filed a notice of removal with the United …
U.S. District Court for the Eastern District of Louisiana In this asbestos action, plaintiff Michael Simoneaux initially filed suit against his former employers for alleged asbestos exposure. He later amended his complaint to include Mennen and Johnson & Johnson (hereinafter, “Talc Defendants”), asserting that from the 1960s until 2000 he consistently used Mennen Baby Magic …
Supreme Court of New York, New York County (NYCAL) In this asbestos action, the plaintiff moved for a joint trial of two actions: Rullo v. ABB. Inc., et al. and Scandaliate v. ABB Inc., et al. In NYCAL. Two cases may be joined for trial where the plaintiff demonstrates that joinder is warranted under Malcum …
Supreme Court of New York, New York County (NYCAL) In this asbestos action, defendants Union Carbide Corporation, Domco Product Texas Inc., and The Goodyear Tire & Rubber Company moved separately for summary judgment on the basis that plaintiff Josip L. Radovic failed to identify them as manufacturers of any asbestos-containing products that he was allegedly …
Supreme Court of New York, New York County (NYCAL) In this asbestos action, defendant Arconic, Inc. f/k/a Alcoa, Inc., (Alcoa) moved for summary judgment on the basis that asbestos-containing fireproofing material was not used at the World Trade Center during the plaintiff’s employment and that Alcoa, as a general contractor, did not supervise or control …
Court: Superior Court of California, County of Los Angeles, Civil Division In this asbestos action, a California state court set aside a $107 million verdict against defendants Union Carbide Corp., Elementis Chemicals Inc. and E.F. Brady Inc. after findings of misconduct by jurors and plaintiff’s counsel. Plaintiff Joel Hernandezcueva filed suit against a number of …
Court: Supreme Court of New York, New York County In this talc action, plaintiff Christina Thomas alleged she was exposed to asbestos from products manufactured by defendant Port Jervis Laboratories Inc., s/h/a Kolmar Laboratories, Inc. Kolmar moved for summary judgment, arguing plaintiff had not established she was exposed to asbestos from a Kolmar product which …
Court: Supreme Court of New York, New York County In this asbestos action, decedent Anthony Morale alleged he was exposed to asbestos from boilers manufactured by defendant Fulton Boiler Works. Fulton moved for summary judgment, arguing it could not have caused or contributed to plaintiff’s injury. In support, Fulton proffered a corporate representative affidavit “to …
Court: Supreme Court of New York, New York County In this asbestos action, decedent Jose Munoz alleged that he was exposed to asbestos from caulk and plaster manufactured by defendant DAP. DAP moved for summary judgment, arguing that “not all DAP caulks historically contained asbestos, no DAP plaster product contained asbestos, and that plaintiff’s causation for mesothelioma is …