Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Superior Court of California, County of Los Angeles In this asbestos action, defendant Rheem Manufacturing Company filed a motion for summary judgment, and alternatively summary adjudication, arguing that the plaintiffs do not have evidence that the relevant plaintiff was exposed to asbestos from Rheem products. To show that a plaintiff cannot establish an element of … Continued
Superior Court of California, County of Los Angeles In this asbestos action, the court considered various defense motions. Defendant Western Auto Supply company filed a request opposing punitive damages, arguing that the plaintiffs cannot prove that it acted with oppression, malice or fraud. Summary judgment or summary adjudication on the issue of punitive damages is … Continued
Court: Supreme Court of New York, Erie County In this asbestos matter, plaintiffs claimed that decedent, Jeffrey Campise, was exposed to asbestos through consumer talcum powder products. Plaintiffs filed suit against a number of manufacturers of cosmetic-talc products, along with Whitaker, Clark & Daniels (WCD), as an alleged supplier of talc to the aforementioned manufacturers. WCD … Continued
Court: Supreme Court of New York, New York County (NYCAL) In these asbestos actions, defendant Burnham LLC moved for partial summary judgment seeking the dismissal of the plaintiffs’ punitive damage claims, arguing the plaintiffs failed to establish that Burnham’s conduct rose to the level of egregious and morally culpable conduct necessary for the award of … Continued
In asbestos litigation, it is common for plaintiffs to demand punitive damages, alleging that the conduct of some or all of the defendants was so egregious that the defendants must pay exemplary damages. Unlike compensatory damages, the purpose of punitive damages is not to compensate the plaintiff but rather to punish a defendant for reckless … Continued
Supreme Court of New York, New York County, January 12, 2022 The defendant Graybar Electric Company filed a motion for partial summary judgment, arguing that the plaintiff’s claim for punitive damages ought to be dismissed citing that punitive damages are inappropriate because the plaintiff only encountered Graybar’s product once during his career. The plaintiff’s opposition … Continued
U.S. District Court for the Northern District of California, May 10, 2021 In this asbestos action, Mr. Toy (the plaintiff) alleged that he worked with asbestos-containing brakes manufactured by Bendix in the 1950s and 1970s. Defendant Honeywell as successor-in-interest to Bendix moved for summary judgment on several grounds. The plaintiff only opposed the defendant’s motion … Continued
U.S. District Court for the Northern District of California, March 30, 2021 Before the court are motions for summary judgment filed by defendant National Steel and Shipbuilding Company (NASSCO) and Pep Boys-Manny, Moe & Jack of California. Defendant NASSCO moves for summary judgment on the theory that, as a government contractor, it enjoys derivative immunity … Continued
Court of Appeal of California, Second Appellate District, Division Two, March 25, 2021 In this asbestos action, plaintiff Arthur Putt replaced brake pads manufactured and supplied by several different entities in connection with cars manufactured by three different companies in two California gas stations from 1966 until 1970. The plaintiff was diagnosed with mesothelioma in … Continued
Court of Appeal of California, Second Appellate District, Division Three, November 19, 2020 The plaintiff, Alfred Mata, alleged he developed mesothelioma as a result of asbestos exposure. Alfred’s father, Francisco, worked as a serviceman for Park Water from 1970 until 1989. Francisco’s responsibility of cutting water pipes with a power saw caused visible dust to … Continued