Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Court: Supreme Court of New York, New York County In this asbestos action, defendant Western Auto moved to dismiss for lack of personal jurisdiction and for summary judgment. Plaintiff Winfield Frederick opposed both motions. Ultimately, the court denied both motions. With regard to the motion for personal jurisdiction, the court set forth that the defendant …
Court: Supreme Court of New York, New York County In this asbestos action, defendant Goodyear moved for summary judgment, arguing that asbestos exposure from its sheet gaskets could not have caused plaintiff Robert Waldon’s lung cancer. In support, Goodyear submitted the expert reports of CIH John Spencer and Dr. Robert Sussman. In opposition, plaintiff submitted …
Court: Supreme Court of New York, New York County Defendant Burnham LLC filed motions for partial summary judgment with respect to punitive damages in two actions, DeRoy and Giuliano, on the basis that (1) asbestos exposure from Burnham boilers would fall below TLV or PEL/OSHA limits, and (2) Burnham’s lack of workers’ compensation claims for …
Court: Supreme Court of New York, New York County Defendant Perkins Engines Inc. filed motions for summary judgment in two actions, Frederick and Nankervis. In Frederick, Perkins filed its motion based upon a lack of product identification and causation. In support of the product identification claim, Perkins relies upon the expert report of Certified Industrial …
Court: Supreme Court of New York, New York County Defendant Steel Grip Inc. (SGI) filed a renewed motion to dismiss following the completion of jurisdictional discovery on the basis that it lacked any connection to the State of New York. In order to find personal jurisdiction, a court must determine whether general or specific jurisdiction …
Supreme Court of New York, New York County In three asbestos actions (Learmond, Nale, and Torio), a caulk defendant moved for summary judgment, arguing that the respective plaintiffs’ claims regarding the asbestos content of the caulk and that the plaintiffs failed to meet the causation standard. In opposition, plaintiffs contend that the defendant failed to …
Supreme Court of New York, New York County In two asbestos actions (Avakian and Layton), defendant Mannington Mills moved to renew its summary judgment motion. Mannington contends that there was a subsequent change in the law that necessitates reversal of the court’s previous denial of two summary judgment motions. Mannington argues that the plaintiff’s expert …
Court: The Superior Court of New Jersey, Appellate Division Johnson & Johnson has successfully appealed a $223.8 million judgment against it following a trial involving allegations of asbestos-contaminated talcum powder in 2020. Four plaintiffs filed suit against J&J alleging that certain talcum powder products manufactured by J&J and used by plaintiffs were contaminated with asbestos …
Court: United States District Court for the Eastern District of Louisiana In ACT’s continuing coverage of the Robichaux mesothelioma matter pending in the United States District Court for the Eastern District of Louisiana, reported most recently here, before the court were two motions for summary judgment: one filed by defendant Uniroyal Holdings Incorporated and another …
On August 30, 2023, a Hawaii court ruled on 3M’s motion to compel blood sampling for the purposes of genetic testing in an asbestos matter. Hawaii First Circuit Judge James H. Ashford granted 3M’s motion in the McCabe v. 3M Co., et al matter. Plaintiff Randolph McCabe filed suit in Hawaii’s First District in October …