Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Court: Supreme Court of New York, Erie County In this asbestos matter, plaintiffs claimed that decedent, Jeffrey Campise, was exposed to asbestos through consumer talcum powder products. Plaintiffs filed suit against a number of manufacturers of cosmetic-talc products, along with Whitaker, Clark & Daniels (WCD), as an alleged supplier of talc to the aforementioned manufacturers. WCD … Continued
Court: Supreme Court of New York, New York County In this asbestos action, defendant Tishman Liquidating Corporation moved for summary judgment on the grounds that it is not responsible for any of the three job sites for which the plaintiff identified the company as the general contractor, and, therefore, is not liable for any injury … Continued
Court: Supreme Court of the State of New York, Nassau County In this asbestos action, plaintiff Donna Daniell alleged asbestos exposure from working near auto mechanics, including her husband, Robert, while they used asbestos-containing products. She also alleged asbestos exposure from laundering her husband’s work clothes. She contends that she developed lung cancer from these exposures. Defendant … Continued
In this asbestos-related lawsuit, the defendant, Structure Tone, filed for summary judgment arguing that the plaintiff failed to establish that he was exposed to asbestos from working with or near products used by Structure Tone on jobsites. In support of its motion, Structure Tone cited its answers to site-specific interrogatories that stated itdid not use asbestos–containing materials on the … Continued
Court: Supreme Court of the State of New York, County of New York In this asbestos action, Munir Seen alleged he developed mesothelioma from asbestos exposure from various products, including joint compound from defendant Kaiser. The plaintiff’s experts included Drs. Jacqueline Moline and David Rosner. In June 2022, a jury awarded the plaintiff $15 million … Continued
Court: Supreme Court of New York, New York County (NYCAL) In these asbestos actions, defendant Burnham LLC moved for partial summary judgment seeking the dismissal of the plaintiffs’ punitive damage claims, arguing the plaintiffs failed to establish that Burnham’s conduct rose to the level of egregious and morally culpable conduct necessary for the award of … Continued
Court: Supreme Court of New York, New York County In this asbestos-related lawsuit, defendant, Perkins Engines, filed a motion for summary judgment arguing that plaintiff could not have used its brakes, clutches, or gasoline engine gaskets. In support of its motion, defendant proffered the affidavit of Kevin Klein, a technical coordinator in Litigation Technical Support … Continued
Court: Supreme Court of New York, Appellate Division, First Department Plaintiff Ralph Vavala alleged his lung cancer diagnosis arose from alleged exposure to asbestos from a variety of products, including valves manufactured by the defendant, Jenkins Bros., during his employment as a steamfitter and welder from the 1960s through the 1980s. Upon commencement of the … Continued
Jurisdiction: NYCAL A Manhattan jury handed down a $23 million verdict Dec. 21 in a living mesothelioma case brought by the law firm of Weitz & Luxenberg. The jury awarded compensatory damages to 81-year-old plaintiff James McWilliams, designating $13 million for past pain and suffering and $10 million for future pain and suffering. Mr. McWilliams … Continued
Court: Supreme Court of New York, New York County In this asbestos action, the defendant, Francesco Carboni, alleged asbestos exposure working on automobiles for Zumbach Sports Cars. The defendant, Porsche Cars North America, moved for summary judgment, arguing that the decedent was not exposed to asbestos from any PCNA products. The plaintiff Susan Carboni opposed … Continued