Real-Time Court Decisions and Other Developments in Asbestos Litigation.
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
No one can dispute that the New York subway system, operated by the Metropolitan Transportation Authority, was a marvel of 20th century engineering. With a total of about 850 miles of track, more than 450 stations in operation, and moving around 6 million people per day, it is no wonder it remains the busiest mass-transit … Continued
Court: Court of Appeals of California, First Appellate District, Division One Decedent Daniel Ochoa worked as a HVAC technician and pipefitter beginning in the 1970s. His work involved extensive maintenance on cooling towers throughout southern California. He was diagnosed with mesothelioma and commenced this action prior to his passing. His widow Joe Ann Ochoa and … Continued
Court: Superior Court of California, County of Los Angeles In this asbestos action, plaintiffs James Manns, David Papworth, Carie Edwards, Shauna Papworth, Jami Hoffman, and Robee Green filed this action alleging Debra Manns developed mesothelioma as a result of exposure to asbestos from Master Industries Worldwide LLC’s products. In November 2022, plaintiffs dismissed Master Industries Worldwide, … 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: Superior Court of Arizona, Maricopa County In this asbestos action, plaintiff Jeffrey Weiss alleges that he developed mesothelioma as a result of his use of various brands of talcum powder products from 1979 to 2011. Plaintiffs assert that asbestos is an accessory mineral that may be naturally present in talc. Defendants recognize that some … Continued
In the fall of 2020, when New Yorkers saw photos and videos of orange skies over San Francisco caused by the Bay Area’s infamous fog, combined with heavy smoke from what seemed like non-stop wildfires raging throughout California, it looked like a dystopian movie landscape, or even another planet. Even more surreal, Californians in these … 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