Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Court: Supreme Court of New York, New York County Defendant Campbell Hausfeld LLC filed a motion for summary judgment on the basis that no Campbell product had been identified in connection with the plaintiff’s lung cancer. In support of its motion, Campbell pointed out the plaintiff’s history of cigarette smoking, and reiterated that the plaintiff … Continued
Court: Supreme Court of New York, New York County Defendant Mannington Mills Inc. moved for renewal of its previously denied motion for summary judgment, arguing the New York Court of Appeals’ Nemeth decision has since changed the law regarding causation. Under New York law, a party may move for leave to renew a decision to … Continued
Supreme Court of New York, New York County In this asbestos action, decedent Rudolf Horvath alleged that he was exposed to asbestos from Bondstrand pipes manufactured by the defendant, Ameron International. Ameron moved for summary judgment, arguing that its pipes could not have caused or contributed to the decedent’s injury. Ameron points to the decedent’s … Continued
Jurisdiction: Supreme Court of New York, New York County; October 5, 2023 Plaintiff filed a lawsuit alleging her asbestos-related disease was caused by her use of talcum powder products manufactured by, among others, Chanel. In the motion, Chanel moved to dismiss plaintiff’s punitive damages claim on the basis that Chanel did not exhibit the “level of … Continued
Court: Supreme Court of New York, New York County Plaintiffs Michele Stuck and Jack Bannister, individually and as executors of the estate of Penelope Rigsby, brought an action against countless cosmetic manufacturers, including BATUS Holding Inc. Plaintiffs sued BATUS individually and as successor-in-interest to British American Cosmetics, Yardley Co., and Yardley of London Inc. On the other … Continued
Court: Supreme Court of New York, New York County In this asbestos action, defendant Crosby moved for summary judgment on duty to warn and causation grounds. Plaintiff Joseph Deroy opposed the motion. Ultimately, the court denied the motion. The court first noted that “summary judgment is a drastic remedy and should only be granted if the … Continued
Court: Supreme Court of New York, New York County In this asbestos action, defendant Western Auto moved to dismiss for lack of personal jurisdiction and for summary judgment. Plaintiff Winfield Frederick opposed both motions. Ultimately, the court denied both motions. With regard to the motion for personal jurisdiction, the court set forth that the defendant … Continued
Court: Supreme Court of New York, New York County In this asbestos action, defendant Goodyear moved for summary judgment, arguing that asbestos exposure from its sheet gaskets could not have caused plaintiff Robert Waldon’s lung cancer. In support, Goodyear submitted the expert reports of CIH John Spencer and Dr. Robert Sussman. In opposition, plaintiff submitted … Continued
Court: Supreme Court of New York, New York County Defendant Burnham LLC filed motions for partial summary judgment with respect to punitive damages in two actions, DeRoy and Giuliano, on the basis that (1) asbestos exposure from Burnham boilers would fall below TLV or PEL/OSHA limits, and (2) Burnham’s lack of workers’ compensation claims for … Continued
Court: Supreme Court of New York, New York County Defendant Perkins Engines Inc. filed motions for summary judgment in two actions, Frederick and Nankervis. In Frederick, Perkins filed its motion based upon a lack of product identification and causation. In support of the product identification claim, Perkins relies upon the expert report of Certified Industrial … Continued