Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Supreme Court of New York, New York County, March 25, 2021 Defendant Cleaver-Brooks, Inc. filed this instant motion to dismiss the plaintiff’s complaint pursuant to CPLR 3211 (a)(8) on the grounds that the court lacked personal jurisdiction over them. This lawsuit stems from plaintiff Darrell Nelson’s diagnosis of malignant pleural mesothelioma, which plaintiffs allege resulted … Continued
Supreme Court of New York, New York County, February 16, 2021 In this action, plaintiff James Witte alleged asbestos exposure from supervising the installation of fire doors manufactured by T.M. Cobb Company in Manhattan. Cobb moved to dismiss the plaintiff’s complaint based on lack of personal jurisdiction. Cobb argued that the court did not have … Continued
U.S. District Court for the Western District of Pennsylvania, February 11, 2021 The decedent was allegedly exposed to asbestos dust and fibers during his employment with the U.S. Navy and other various employers. He developed mesothelioma in 2018 and died from complications in February 2020. The decedent’s wife brings this lawsuit against various defendants alleging … Continued
Supreme Court of New York, New York County, January 8, 2021 In this instant matter, defendants Genuine Parts Company and National Automotive Parts Association, LLC’s (defendants) move to dismiss this action against them pursuant to CPLR §3211(a)(8) on the grounds that the court lacked personal jurisdiction over them. The defendants argued that they were not … Continued
Supreme Court of the State of New York, New York County The plaintiff alleged that the decedent, Harvey A. Fitzwater, who was allegedly diagnosed with mesothelioma on October 10, 2016, was exposed to asbestos from using ovens manufactured by defendant Baker Perkins from 1965-67 at several locations in Alaska and Washington State. Baker Perkins moved … Continued
Supreme Court of New York, New York County In this asbestos action, defendant Hoffman-La Roche, Inc. filed a motion to dismiss pursuant to CPLR Section 3211(a)(8), arguing that it is a New Jersey company with no connection to New York. No opposition was filed. Based on the defendant’s motion, the court held the defendant had … Continued
U.S. District Court for the Eastern District of Arkansas, Central Division, September 11, 2020 Defendant Cyprus Mines filed a motion to dismiss for lack of personal jurisdiction, arguing the court does not have jurisdiction over Cyprus even though it provided talc to Johnson & Johnson, which incorporated the talc into consumer products and then sold … Continued
U.S. District Court for the Eastern District of Arkansas, Central Division, August 25, 2020 Defendant Federal-Mogul Asbestos Personal Injury Trust, as successor to both the Felt-Products Manufacturing Company and the Vellumoid Division of Federal-Mogul Corporation, filed separate motions to dismiss on behalf of each. The court notes that both motions failed to comply with Local … Continued
Appellate Court of Illinois, Fifth District, August 24, 2020 The Appellate Court of Illinois, Fifth District, recently issued a discovery decision in the matter of Linder v. A.W. Chesterton Co., which also touched on the issue of personal jurisdiction. In Linder, the plaintiffs alleged that asbestos dust attributable to industrial pumps manufactured by GIW contributed … Continued
Court of Appeals of Washington, Division One, July 13, 2020 In Noll v. Special Electric Co., the Court of Appeals of Washington, Division One, recently opined on an order of remand regarding the trial court’s dismissal of an action because the court lacked personal jurisdiction over the defendant. The trial court concluded that the plaintiff … Continued