Real-Time Court Decisions and Other Developments in Asbestos Litigation.
In this NYCAL decision, the court assessed the consolidation of five remaining cases and ended up grouping two cases into Trial Group 1, two cases into Trial Group 2, and left one case to be tried on its own. The court’s reasoning for the decision is the following: “Applying the Malcolm factors, I conclude the … Continued
In this NYCAL case, defendants Cleaver Brooks, Inc. and Burnham LLC brought post-verdict motions on a variety of issues, including disclosure of settlements for the purpose of molding the judgment. By the time the motion was heard, the remaining issues were if “plaintiffs failed to disclose settlements in a timely fashion, and, if so, whether … Continued
In this case, it is alleged that the decedent was exposed to asbestos gaskets and packing in valves manufactured by Crane Co., while working at an industrial plant from 1956 to 1982. Crane appealed from the lower court’s denial of its motion for summary judgment and the Fourth Department affirmed the decision. In its appeal, … Continued
In this NYCAL case, the plaintiff brought a motion to consolidate nine asbestos actions for joint trial, claiming that there are common questions of law and fact. The court relied on the factors set forth in Malcolm v. National Gypsum Co., 995 F.2d 346, 350-351 (2d Cir. 1993): common worksite; similar occupation; similar time of exposure; … Continued
In a decision that could change the landscape of NYCAL asbestos litigation in New York, Justice Barbara Jaffe issued a post-trial decision following an $11 million verdict against Ford, essentially precluding Drs. Steven Markowitz and Jacqueline Moline on Frye grounds because there is no established scientific connection between exposure to friction products and mesothelioma. Additionally, Justice Jaffe … Continued
In this NYCAL case, a New York City jury found that Con Edison, as the premises owner, was 30 percent responsible for the plaintiff’s asbestos-related injuries under New York’s Labor Law § 200(1). On a post-trial motion, the trial court ruled that “absent legally sufficient evidence demonstrating, as a matter of law, that Con Edison … Continued
Following the highly publicized $190 million verdict in NYCAL in five consolidated asbestos cases, the defendants were successful in reducing the collective award to just under $30 million on a post-trial motion. While the trial court rejected the defendants’ arguments on certain evidentiary issues, causation, apportionment, consolidation, and recklessness, it recognized that the verdicts materially … Continued