Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Court: U.S. Bankruptcy Court for the District of Delaware Avon Products Inc., a U.S.-based “non-operational” holding company, announced Monday that it is seeking Chapter 11 bankruptcy protection to “address its debt and legacy talc liabilities.” In recent years, hundreds of talc lawsuits have been filed against Avon. Its court filings state the company no longer … Continued
Court: Supreme Court of New York, Appellate Division, First Department In September 2023, the trial court denied talc defendant Colgate-Palmolive Co.’s motion for summary judgment to dismiss the complaint against it. On appeal, the First Department unanimously reversed and granted Colgate’s motion. “When a foreign resident’s exposure to a toxin occurs in foreign states, New … Continued
Court: Supreme Court of New York, Appellate Division, First Department In November 2023, a jury awarded plaintiff $15m for past pain and suffering and found defendant Kaiser Gypsum Company 70-percent liable. Kaiser subsequently filed post-trial motions, which were denied. The instant appeal followed. First, on appeal Kaiser argued that the trial court should not have … Continued
Court: United States District Court for the Southern District of New York Plaintiff Brian Joseph Gref alleged that his use of talcum-powder products caused his diagnosis of peritoneal mesothelioma. During the course of discovery, the court ordered that plaintiff’s medical reports were to be served on defendants by December 15, 2021. Plaintiff served Dr. Jacqueline Moline’s expert … Continued
Court: Supreme Court of New York, Appellate Division, First Department In this asbestos action, decedent Rudolf Horvath alleged that he was exposed to asbestos from Bondstrand pipes manufactured by defendant, Ameron International, at a sewage plant in midtown Manhattan. In response, Ameron filed a motion for summary judgment, arguing the sewage plant referenced by decedent … Continued
Court: Supreme Court of New York, New York County In this action, plaintiff June Savianeso alleges that decedent Michael Savianeso was exposed to asbestos from the products of various defendants. Decedent passed away without giving deposition testimony. Subsequently, decedent’s brother, James, provided seven days of testimony. As pertinent to this motion, James testified that he … Continued
Court: Supreme Court of the State of New York, New York County (NYCAL) This asbestos matter involves a motion filed by plaintiff to consolidate two asbestos actions. In New York, “when actions involving a common question of law or fact are pending before a court, the court, upon motion . . . may order the … Continued
Court: Supreme Court of New York, New York County Plaintiff-Decedent John Gonder alleged exposure to asbestos during his employment as a Con Edison inspector between the 1970s and 1990s. He died in May 2021 at 86 years old from lung cancer. Defendant Jenkins Bros. filed a motion for summary judgment on the basis that Gonder … Continued
Jurisdiction: Supreme Court of New York, New York County Defendant Morse Diesel Inc. filed a motion for summary judgment on the basis that plaintiff Matthew D’Alessio’s claims were barred by New York State Worker’s Compensation Law. In support of its motion, Morse Diesel pointed to D’Alessio’s deposition testimony in which he claimed to be an … Continued
Court: Supreme Court of New York, New York County In this asbestos action, decedent Giacinto Pira alleged he was exposed to asbestos from gloves manufactured by defendant Steel Grip. Steel Grip moved for summary judgment, arguing that plaintiff did not establish exposure to asbestos or causation from Steel Grip gloves. In support, Steel Grip proffered an … Continued