Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Supreme Court of New York, New York County, April 24, 2022 The defendant, PB Heat LLC, filed a motion to dismiss the plaintiff’s complaint and a motion to impose sanctions. The plaintiff filed suit against PB Heat claiming exposure to asbestos, arguing that the doctrine of successor liability is applicable to PB Heat. PB Heat … Continued
Supreme Court of New York, New York County, March 14, 2022 In this matter, plaintiff Dominic Baldi worked as an electrician in public schools and was exposed to asbestos throughout his career. The plaintiff filed the Notice of Claim on April 10, 2020, putting the defendant, Amityville Union Free School District, on notice of this … Continued
Supreme Court of New York, New York County, March 29, 2022 From 1964 to the early 1970s, the plaintiff worked as a carpenter with his brother-in-law and the Carpenter’s Union, Local 257. From 1969 to his retirement in 2007, he worked as a carpenter at commercial and residential locations throughout New York. The plaintiff was … Continued
While trials and in person court conferences are starting to trickle in, some jurisdictions such as New York still managed to hold its position as a judicial hellhole in 2021. According to American Tort Reform Foundation 2021-22 Judicial Hellholes, California regained its position to the top of the judicial hellhole list. Following California, New York … Continued
U.S. District Court for the Southern District of New York, March 28, 2022 In this asbestos action, plaintiff Arnold Pritt alleged that he was exposed to asbestos during his service in the U.S. Navy, and over the course of his career as a civilian electrician. Mr. Pritt was diagnosed with mesothelioma in September 2019. On … Continued
Supreme Court of New York, New York County; January 18, 2022 In this matter, the plaintiff filed an asbestos-related personal injury action against defendant American Biltrite alleging that the decedent was exposed to asbestos from working with American Biltrite floor tiles. American Biltrite moved for summary judgment to dismiss the action, and the motion was … Continued
Supreme Court of New York, New York County; January 14, 2022 In this asbestos-related action, defendant Dykes Lumber Company, Inc., filed a motion to dismiss on the grounds that the plaintiff failed to establish that he was exposed to asbestos from joint compound sold by Dykes Lumber or, alternatively, that there was insufficient evidence to … Continued
Supreme Court of New York, New York County, January 10, 2022 In this asbestos action, the plaintiff Ernest Cummings alleges that his lung cancer was caused by his exposure to asbestos dust when he worked as a train conductor with the Long Island Railroad from 1971 to 1996. During this time, he made stops at … Continued
Supreme Court of New York, New York County, December 29, 2021 In this asbestos action, the plaintiffs filed a motion to reargue a previous decision that granted defendant Nissan’s motion for summary judgment based on misidentification of their product. By way of background, Nissan argued that Nissan brand vehicles could not have contributed to the … Continued
Supreme Court of New York, New York County, December 27, 2022 In the matter of Pira v. Air & Liquid Sys. Corp., defendant Steel Grip, Inc., filed a motion to dismiss the plaintiff’s case for lack of personal jurisdiction. With regard to specific jurisdiction, the defendant argued that it did not sell, distribute, or manufacture … Continued