Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Jurisdiction: Supreme Court of New York, New York County In this asbestos action, plaintiffs seek to join the Munna and LaMonica cases for joint trial. First, the court noted that the NYCAL CMO provides that two cases may be joined for joint trial if the plaintiffs can meet the Malcolm factors. However, the plaintiffs do …
Jurisdiction: United States District Court for the Southern District of New York; September 18, 2023 Plaintiff Ann Greenberg’s asbestos-related lawsuit against defendants Johnson & Johnson and Kolmar Laboratories asserts that she contracted an asbestos-related disease from her use of Johnson’s Baby Powder, which she alleged contained asbestos-contaminated talc. Johnson & Johnson filed a motion to …
Jurisdiction: Supreme Court of New York, New York County Plaintiff Kevin Burns filed an asbestos-related lawsuit against numerous defendants, including Burnham, testifying that while he worked as a plumber he was exposed to asbestos insulation and rope from the removal and installation of Burnham boilers from approximately 1958 to the early 1980s. Burnham moved for …
Jurisdiction: Supreme Court of New York, New York County This action was filed on behalf of decedent, Kenneth Last, alleging he was exposed to asbestos while working for general contractor, ALCOA Inc., n/k/a ARCONIC Inc., at the World Trade Center during the 1970s. ALCOA filed a motion for summary judgment arguing the fire-proofing material used …
U.S. District Court for the Eastern District of Louisiana Plaintiff Felton Robichaux brought this asbestos-related lawsuit claiming he was exposed to asbestos through his work as a land-based insulator and carpenter at Avondale Shipyard from 1961 to 1979. In January 2022, Robichaux was diagnosed with mesothelioma and filed the instant action in Civil District Court …
Supreme Court of New York, New York County; August 28, 2023 This matter involved plaintiff James McWilliams, who worked as a steamfitter from 1960 until his retirement in 1996. He claimed that his work consisted of installing heating, air conditioning, and sprinkler systems, including the installation of new piping systems and the renovation of existing …
Many bankruptcy trusts expanded their approved jobsite lists in the second quarter of 2023, allowing compensation for more individuals who claim to have an asbestos-related injury. However, as can be seen below, many trusts also have decreased their payment percentages. In fact, only two bankruptcy trusts have increased their payment percentages during the 2nd quarter of …
Jurisdiction: Supreme Court of New York, New York County In this matter, Rockwell Automation, Inc. sought to dismiss the action against them on grounds that the plaintiff was not exposed to asbestos from burners manufactured by its predecessor, Timken-Detroit Axle Company. When it comes to making a determination as related to a summary judgment motion, …
KEY TAKEAWAYS: Illinois Gov. J.B. Pritzker has signed into law HB 219 to allow punitive damages to be recoverable in wrongful death and survival actions. Punitive damages are now recoverable in wrongful death claims on cases filed on or after August 11, 2023, and punitive damages may be sought on existing cases on the effective …
U.S. District Court for the Southern District of California In this asbestos action, decedent Dennis Freeman worked as an insulation contractor at shipyards in several states, including California, from approximately 1980 into the mid-1990s. Several defendants moved to dismiss certain claims in the plaintiffs’ complaint, as well as moved to dismiss the plaintiffs’ complaint in …