New York

Category: New York

January 7, 2016 • Asbestos Case Tracker, Case Decisions, Maritime/Admiralty Law, New York

Previously Dismissed Federal Maritime Case Against Ship Owners on Personal Jurisdiction Grounds Subsequently Dismissed in NYCAL; Court Finds There Was No Tolling of Statute of Limitations

In this NYCAL decision, it was alleged that the decedent, Eugene Quinlan, was exposed to asbestos and developed lung cancer from his work as a career merchant mariner. The case was originally filed in 1997 in the Northern District of Ohio for a non-malignant asbestos disease. The decedent subsequently developed lung cancer and the case … Continued

January 5, 2016 • Asbestos Case Tracker, Case Decisions, New York, Summary Judgment

Decedent’s Incomplete Testimony Found Sufficient to Overcome Summary Judgment as Pump Manufacturer Should Have Re-noticed His Deposition to Question Him Prior to His Death

In this NYCAL case, it is alleged that the decedent, Warren Taveniere, was exposed to asbestos while working aboard several vessels as a Merchant Marine for Moore McCormack Lines from 1953 to 1955. The plaintiff’s interrogatory responses included Aurora Pump Company and at his deposition, the decedent testified that he used asbestos-containing gaskets and packing … Continued

December 22, 2015 • Asbestos Case Tracker, Case Decisions, New York

New York Federal Court Grants Auto Repair Parts Defendants’ Motion to Transfer Case to Florida Federal Court

In this federal case, the plaintiff brought an action against defendants BASF Catalysts LLC, Superior Materials, Inc. and Whittaker, Clark & Daniels, Inc. for the asbestos exposure and death of her husband, Pedro Rosado-Rivera. The plaintiff alleges that each defendant sold an asbestos-containing auto body repair filler that the decedent worked with at auto shops … Continued

December 18, 2015 • Asbestos Case Tracker, Case Decisions, Damages, New York

Post-Trial Motion for Additur Granted, Increasing Mesothelioma Pain and Suffering Damages

The plaintiff’s decedent, Richard Voelker, was diagnosed with and died from mesothelioma. A personal injury action was pursued and resulted in a verdict awarding the Estate various damages, including a pain and suffering award of $250,000. The plaintiff filed a post-trial motion for additur arguing that the jury’s award for pain and suffering was inadequate … Continued

December 1, 2015 • Asbestos Case Tracker, Case Decisions, New York, Summary Judgment

New York Court Addresses Jurisdiction, Product Identification, and Duty to Warn Issues in Denying Valve Manufacturer’s Summary Judgment

The plaintiff developed mesothelioma and asserted asbestos exposure to valves from Fisher Controls International LLC through his work in various states, including New York. Fisher moved for summary judgment and dismissal of various counts if its summary judgment was denied. The court denied the summary judgment, but granted dismissal of certain counts because these were … Continued

November 20, 2015 • Asbestos Case Tracker, Case Decisions, Motions in Limine, New York

NYCAL Court Grants Spoliation Motion Against Pipe Manufacturer for Lost and Destroyed Company Documents

In this NYCAL case, it was alleged that the decedent was exposed to asbestos from work he and others in his vicinity performed with Johns Manville (JM) transite pipe. The plaintiff moved for a spoliation charge, alleging that in 1990 JM was grossly negligent in the disappearance of more than 10 banker boxes of business … Continued

November 13, 2015 • Asbestos Case Tracker, Case Decisions, New York

Boiler Manufacturer Ordered to Disclose All Documents Referencing Asbestos or Asbestos-Containing Materials

In this NYCAL case, a June 23, 2014 order denied defendant Cleaver-Brooks’ motion to vacate a November 9, 2013 order of the Special Master directing the production of “all its commercial files, all other relevant documents and records, and its index card database.” The order also denied Cleaver-Brook’s application for a confidentiality order and cost … Continued

October 23, 2015 • Asbestos Case Tracker, Case Decisions, New York, Summary Judgment

Boiler Manufacturer Denied Summary Judgment Based on Plaintiff’s Contradictory Testimony on Product ID

In this NYCAL case, the plaintiff, Mark Ricci, claims secondhand exposure to asbestos from his father’s work with boilers, including boilers manufactured by defendant Cleaver-Brooks. During the testimony of the plaintiff’s father, Aldo Ricci’s, he originally answered that he did not recall observing anyone working on a Cleaver-Brooks boiler. Later, during plaintiff’s counsel’s questioning, Aldo … Continued

October 23, 2015 • Asbestos Case Tracker, Case Decisions, Federal Officer Jurisdiction, New York

Plaintiffs’ Motion for Leave to Amend Complaint to Delete Federal Question Neither Prejudicial Nor Futile Where Remaining Defendant’s Summary Judgment Motion Did Not Argue Federal Claims

The plaintiff was diagnosed with mesothelioma and filed suit against a sea of defendants in New York state court. After responding to interrogatories indicating that he was exposed to asbestos while in the Navy, Foster Wheeler timely removed this case to federal court based upon the federal government-contractor defense. When the only defendant remaining was … Continued

October 9, 2015 • Asbestos Case Tracker, Damages, New York, Significant Verdicts

After Supplier Defaulted Through Nonappearance, Court Awarded Damages In Unopposed Proceeding

An Erie County, New York court has issued a decision on damages in a default action where damages and liability were uncontested following a two-day bench trial in an asbestos case involving Joseph Muir, a 58-year-old man living with mesothelioma. Defendant Hedman Resources, Ltd. was the only remaining defendant. Hedman had been served with the … Continued