Real-Time Court Decisions and Other Developments in Asbestos Litigation.
In this NYCAL case, it was alleged that the plaintiff, Mark Ricci, was exposed secondhand to asbestos from his father’s air conditioning and ventilation work. Aldo Ricci (Aldo), Mark Ricci’s father, testified that he was exposed to asbestos from working near others working on Crane Co. valves. Crane moved for summary judgment, arguing that the … Continued
The plaintiffs brought a motion to consolidate separate actions into three separate groups for joint trial. The court noted that as to the three groups, all of the plaintiffs are represented by the same law firm, are in the same phase of discovery, and the plaintiffs allege the same type of cancer. The court granted … Continued
In this New York case out of Nassau County, the plaintiff alleged asbestos exposure to various products while working as a truck mechanic from the late 1950s to the mid 1990s. The plaintiff testified at his deposition that he removed and installed Eaton clutches on trucks from 1961 to 1970. Eaton moved for summary judgment … Continued
In this case, the decedent alleged exposure to asbestos while working at Republic Steel from the early 1960s through the early 1970s. It is claimed he was exposed to insulation materials that were removed and installed in his vicinity while he was a laborer and to materials used to make “hot tops” while a crane … Continued
In this federal court case, decedent Richard Bell alleged exposure to asbestos while performing car maintenance from 1964 through the late 1970s. Defendant Honeywell, as successor of Bendix, moved for summary judgment, arguing that the decedent’s wife’s deposition testimony that the decedent used Bendix brakes with the word “asbestos” on the packaging was hearsay; that … Continued
On Tuesday, October 6, 2015, U.S. District Judge Eduardo Robreno ordered a stay on a dozen nearly-identical asbestos claims brought by plaintiffs who had previously sought bankruptcy protection. Judge Robreno stated in all of them that the plaintiffs’ trustees must be given the choice of either pursuing or abandoning the claims. In one such case, … Continued
On September 29, 2015, the Supreme Court of Pennsylvania denied the appeal of the executor of the estate of James Markovsky. Markovsky, who had argued that a statute regulating asbestos-related liability should be found unconstitutional, had petitioned for appeal after the Superior Court of Pennsylvania affirmed a grant of summary judgment in favor of Crown … Continued
Plaintiff Larry English commenced this wrongful death mesothelioma case by claiming that his wife, Sherry English, was exposed to asbestos on Mr. English’s clothing. Mr. English, who worked for a variety of Ford dealerships between 1968 and 2011, worked with gaskets, brakes, and clutches. His claim is that the asbestos from these products remained on … Continued
The plaintiff brought a claim under the Federal Tort Claims Act (FTCA) alleging asbestos exposure while a crew member on two tugboats the Navy leased to his employer, General Dynamics Corporation. The plaintiff also brought a products liability claim under Connecticut law, and his wife brought a loss of consortium claim. The defendant moved to … Continued
In this NYCAL mesothelioma case, the plaintiff worked as a plumber from 1984-1996, disassembling plumbing equipment including Cleaver Brooks cast iron sectional boilers. Cleaver Brooks initially moved for summary judgment on the grounds that a plumber such as the plaintiff was not a foreseeable user of the product, which the lower court denied. The Appellate … Continued