Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Court: Supreme Court of New York, New York County In this asbestos action, plaintiff Almando Rodney underwent a pleurectomy. Defendant Mercedez-Benz USA LLC (MBUSA) moved to seek an out-of-state subpoena in order to retrieve a portion of Rodney’s tissue sample from a Florida hospital. MBUSA also moved to permit its expert to perform digestion studies … Continued
Jurisdiction: Supreme Court of New York, New York County In this asbestos-related lawsuit, the plaintiff alleged he was exposed to asbestos while working with, and around, boilers manufactured by defendant, Burnham, from 1961 to 1999. Burnham filed a motion for partial summary judgment as to punitive damages, arguing the plaintiff failed to establish that Burnham’s … Continued
Court: Supreme Court of New York, New York County Long Island Lighting Company (LILCO) is a subsidiary of Long Island Power Authority (LIPA). LIPA was created “to remedy LILCO’s conduct as a private electric provider” by closing LILCO’s Shoreham Nuclear Power Station — where the plaintiff-decedent was allegedly exposed to asbestos — and saving LILCO … Continued
Court: Supreme Court of New York, New York County In this asbestos action, defendant Dykes Lumber moved for summary judgment, arguing it established a prima facie case for lack of causation under Nemeth v. Brenntag. Plaintiff Raphael Sason opposed the motion. First, the court set forth the summary judgment standard, including that “the proponent of … Continued
Court: Supreme Court of New York, New York County In this asbestos action, defendant T.M. Cobb moved to dismiss plaintiff James Witte’s complaint against them for lack of personal jurisdiction. T.M. Cobb argued that it did not have connections to New York as it did not sell products, nor conducted business, in New York State. … Continued
Court: Supreme Court of New York, New York County In this asbestos action, plaintiff’s counsel filed an order to show cause to join three cases for one joint trial: Cinfo, Morie, and Toscani. Defendants opposed the order to show cause. In NYCAL, the controlling case to determine whether cases should be joined for trial is … Continued
Court: Supreme Court of New York, New York County In this asbestos action, plaintiff Joseph Munna alleged asbestos exposure from his work as an automobile mechanic from the 1970s until the 1990s. During this time, he alleged that he obtained asbestos-containing parts from Advance Auto. Advance moved for summary judgment, contending that Munna was not … Continued
Court: Supreme Court of New York, New York County In this asbestos action, decedent Christopher Yohe alleged exposure to asbestos from Bradford White water heaters while working as a plumber from the 1980s to the 2000s. Bradford White moved for summary judgment, arguing the water-heater parts identified by Yohe did not contain asbestos. Bradford White … Continued
Court Jurisdiction: Supreme Court of the State of New York, New York County (NYCAL) In this asbestos case, decedent, Richard Robinson passed away immediately after the commencement of the instant action. One of the defendants, Tishman Liquidating Corporation was not identified in plaintiff’s answer to interrogatories. However, during the discovery deposition of Roddy Davis, a … Continued
Court: Supreme Court of New York, Appellate Division, First Department Defendant P.B. Heat previously moved to dismiss multiple complaints in New York City Asbestos Litigation (NYCAL) cases. NYCAL Coordinating Judge Adam Silvera denied each of these motions. Asbestos Case Tracker covered one of Judge Silvera’s previous decisions where he denied P.B. Heat’s motion in the Catapano … Continued