Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Supreme Court of New York, New York County, December 6, 2021 Defendants American Biltrite and Mannington Mills moved to reargue their motions for summary judgment, arguing that the court overlooked and misapprehended facts in denying the same. On the motions to reargue, the court first found that both defendants failed to establish that the court … Continued
Supreme Court of New York, New York County, December 2, 2021 The defendant, Jenkins Bros, moved to dismiss the plaintiffs’ complaint for lack of personal jurisdiction. Specifically, Jenkins argued that it is not incorporated in New York, does not have its headquarters in New York, and does not maintain its principal place of business in … Continued
Supreme Court of New York, Suffolk County, October 28, 2021 In this matter, the plaintiff, Kathleen DiFranco, sued to recover damages for personal injuries allegedly incurred by the decedent as a result of exposure to products containing asbestos through his work as a carpenter. The plaintiff alleged the decedent was exposed to asbestos while working … Continued
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 … Continued
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 … Continued
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 … Continued
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 … Continued
Supreme Court of New York, Suffolk County, October 28, 2021 Plaintiff Kathleen DiFranco brought this matter as a result of alleged injuries to the decedent, Anthony J. DiFranco, stemming from asbestos exposure throughout his career as a carpenter. Along with other products, the plaintiff alleges asbestos exposure due to Amtico floor tiles manufactured by the … Continued
U.S. District Court for the Southern District of New York, September 16, 2021 The decedent, John Grimes, and his domestic partner filed two lawsuits in New York State Court against two different sets of defendants, alleging that the decedent developed mesothelioma as a result of his exposure to asbestos-containing products while working at the Brooklyn … Continued
U.S. District Court for the Southern District of New York, August 9, 2021 The plaintiff alleged that the decedent, Eugene Paroni was exposed to asbestos while working at various jobsites from the 1960s through the 1980s. Paroni specifically alleged that one of the sources of his alleged exposure was from a “Ruston TA-1500” turbine that … Continued