Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Court: Supreme Court of New York, New York County Plaintiffs Michele Stuck and Jack Bannister, individually and as executors of the estate of Penelope Rigsby, brought an action against countless cosmetic manufacturers, including BATUS Holding Inc. Plaintiffs sued BATUS individually and as successor-in-interest to British American Cosmetics, Yardley Co., and Yardley of London Inc. On the other …
Court: Supreme Court of New York, New York County In this asbestos action, defendant Crosby moved for summary judgment on duty to warn and causation grounds. Plaintiff Joseph Deroy opposed the motion. Ultimately, the court denied the motion. The court first noted that “summary judgment is a drastic remedy and should only be granted if the …
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 …