Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Supreme Court of New York, Appellate Division, First Department, December 2, 2021 We previously reported on a dispute concerning the discoverability of a defendant’s redacted, as well as unredacted memorandum from the defendant’s in-house counsel to its president. In 2016, a New York trial court held that privilege was waived by the defendant as to …
The plaintiffs, seeking payment of judgments entered against a supplier of raw asbestos fiber to employer of the plaintiffs’ decedents under New York Insurance Law § 3420 and a declaration that insurance companies’ transfer of insurance funds to the supplier constituted fraudulent conveyances in violation of New York Debtor Creditor Law, filed several actions against …
Court of Appeal of California, First Appellate District, Division One, November 30, 2021 The plaintiff, Amos Webb, was diagnosed with mesothelioma in 2018, and filed suit againstnumerous defendants, including General Cable Corporation, alleging that he was exposed to asbestos while working as an electrician for various employers throughout his career. Specifically, during his discovery deposition, …
U.S. District Court for the Northern District of Illinois, Eastern Division, November 23, 2021 The plaintiff alleged that her late husband, Bruce Johnson, was exposed to asbestos between 1971 and 1984 while working with ceramics for different companies and schools. Mr. Johnson was diagnosed with mesothelioma in 2017 and died in 2020. The plaintiff filed …
U.S. District Court for the Eastern District of Louisiana, November 23, 2021 The plaintiff was an employee of Huntington Ingalls, Inc., intermittently from 1972 to 1975, running a cherry picker at Avondale shipyards. He alleged that he was exposed to asbestos dust through this employment and was later diagnosed with mesothelioma. On July 16, 2021, …
U.S. District Court for the Eastern District of Louisiana, November 18, 2021 In this asbestos action, the plaintiff Willard Masters commenced an action in Louisiana state court alleging negligence claims against several defendants following his development of mesothelioma. While the defendant Taylor-Seidenbach, Inc. is not diverse from Masters, the defendant Graybar Electric Company, Inc. is …
U.S. Bankruptcy Court for the Western District of North Carolina, Charlotte Division, November 16, 2021 Debtor LTL Management LLC (LTL) was created through a corporate restructuring before the filing of the instant Chapter 11 case. Johnson & Johnson Consumer Inc. (Old JJCI), a subsidiary of Johnson & Johnson (J&J), was replaced with two new corporate …
Supreme Court of New York, Appellate Division, First Department, November 16, 2021 In this asbestos action, the Supreme Court of New York, Appellate Division, First Department, affirmed a September 2020 New York City Asbestos Litigation (NYCAL) decision to consolidate two asbestos exposure actions. The court noted that each exposure action involves common questions of law …
Supreme Court of New York, New York County, November 5, 2021 In this asbestos action, the plaintiff Ferris O. Tyron alleged exposure to asbestos from Foster Wheeler products. In response, Foster Wheeler moved for summary judgment, asserting that New Jersey law is proper for this action, and, as such, the New Jersey Statute of Repose …
Supreme Court of New York, Nassau County, November 17, 2021 In this asbestos action, plaintiff Frank Randazzo alleged exposure to asbestos from the following: (1) personally working on Rockwell brakes, (2) breathing in dust on his father’s clothing when his father worked with Cleaver-Brooks boilers and burners, and (3) from Perkins gaskets. Each of the …