Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Supreme Court, Appellate Division, First Department, New York, August 6, 2020 The Appellate Division of the First Department of New York vacated a $13 million award in a mesothelioma case, stating that the award deviated from what would be “reasonable compensation” for the claims. During the initial trial, the jury awarded $4 million for future … Continued
U.S. District Court for the Western District of New York, July 29, 2020 On February 28, 2019, plaintiffs John Castro and Joyce Castro commenced this products liability action in state court against defendants, including CVS Pharmacy, alleging that Mr. Castro was diagnosed with mesothelioma as a result of his exposure to asbestos from his use of asbestos-contaminated talc products. … Continued
Supreme Court of New York, New York County, July 1, 2020 Glynnis Gale DeKlerk (the decedent) was born in South Africa in 1951 and lived there until 2017, when she and her husband moved to the United Kingdom. She was diagnosed with malignant mesothelioma in February of 2018 and died on January 20, 2019. The … Continued
Supreme Court of New York, New York County, June 25, 2020 The plaintiff, Carletto Lamenta (the decedent), was diagnosed with lung cancer in October of 2017 and subsequently filed this lawsuit alleging his injuries were a result of his occupational exposure to asbestos. The decedent’s deposition took place over the course of seven days, during … Continued
Supreme Court of New York, New York County Plaintiffs brought the instant action alleging the decedent, Thomas Fahey, was exposed to asbestos from his work in a variety of ways including his work with transformers and electric panels. Specifically, it is alleged that the defendants’ electrical panels and transformers were insulated with asbestos materials or … Continued
U.S. District Court for the Southern District of New York, May 5, 2020 On February 25, 2020, plaintiffs Laura McDaniel and Edward McDaniel filed a complaint in the New York Supreme Court, New York County, against the defendants, Whittaker, Clark & Daniels, Inc. (WCD) and Revlon, Inc., for asbestos-related personal injury claims relating to Laura … Continued
NEW YORK – The plaintiffs sued dozens of defendants, including Cleaver-Brooks, alleging that Frederick Brown developed an asbestos-related injury as a result of exposure to the defendant’s products. The complaint was filed in July 2017. The plaintiff served answers to interrogatories in October 2017. The responses stated in pertinent part “…While performing my sheet metal … Continued
NEW YORK – On Friday, March 6, 2020, a New York County jury rendered a defense verdict in the matter of Sharon Epstein, Individually and as Independent Administrator of the Estate of Ira Epstein v. Atlas Turner, Inc., et al., an asbestos personal injury and wrongful death action involving the decedent, Ira Epstein, and his … Continued
United States District Court, S.D. New York, March 3, 2020 NEW YORK – Eugene Paroni, the plaintiff’s spouse, was diagnosed with and died of mesothelioma. The plaintiff alleges that the decedent’s mesothelioma was a result of his asbestos exposure from his work with a turbine manufactured by Ruston Gas Turbines, Ltd. The plaintiff brought suit … Continued
A string of recent decisions on remand motions illustrates that diversity challenges are alive and well in asbestos litigation. As the landscape of defendants changes as trial approaches, so do the defenses. Whether by settlement or dismissal, the remaining defendant or defendants have taken advantage of diversity issues to remove cases to more favorable federal … Continued