Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Court: Supreme Court of New York County (NYCAL) In this asbestos action, defendant Burnham Holdings Inc. moved to dismiss the complaint against it on personal jurisdiction grounds. Specifically, BHI asserted that it is a holding company that was incorporated in Delaware with a principal place of business in Pennsylvania. BHI further argued that as a … Continued
Jurisdiction: Supreme Court of New York, New York County This action arises out of plaintiff Hydraulic IP Holdings LLC’s attempt to enforce a judgment entered against non-party Grace Apparel LLC. Plaintiff’s complaint alleges that the operation of Grace ceased, and assets were transferred to continue operation through successor entities, defendants GBrands Holding LLC and CC … Continued
Jurisdiction: Supreme Court of New York, New York County Plaintiff John P. Reeves alleges asbestos exposure from, among other things, the asbestos-containing caulk of defendant DAP Inc. while serving in the U.S. Navy aboard the USS Forrestal from 1961 to 1964. He also alleges exposure from the caulking work he performed on various occasions in … Continued
Jurisdiction: Supreme Court of New York, New York County DAP filed a motion for summary judgment by arguing plaintiff cannot sufficiently demonstrate DAP’s exposed him to asbestos. DAP contends that it did not manufacture or sell any product that resembles the product described by plaintiff. Thus, according to DAP, plaintiff cannot establish that he was … Continued
Jurisdiction: Supreme Court of New York, New York County Plaintiff Robert L. Toth worked at various Consolidated Edison powerhouses from 1961 to 1991 as a sheet metal worker. He was diagnosed with lung cancer in 2019 and he alleged his illness was the result of asbestos exposure. He brought suit against numerous pump, valve, and gasket companies … Continued
Jurisdiction: Supreme Court of New York, New York County Plaintiff Lita Goldstein was diagnosed in March 2022 with mesothelioma. She initiated a suit against several defendants in May 2022, including Kolmar Laboratories Inc. Kolmar moved for summary judgment on two points. First, it argued plaintiff failed to establish she was exposed to any asbestos-containing product manufactured … Continued
Court: U.S. Bankruptcy Court for the District of Delaware Avon Products Inc., a U.S.-based “non-operational” holding company, announced Monday that it is seeking Chapter 11 bankruptcy protection to “address its debt and legacy talc liabilities.” In recent years, hundreds of talc lawsuits have been filed against Avon. Its court filings state the company no longer … Continued
The California Air Resources Board has requested that the U.S. Environmental Protection Agency grant California an authorization pursuant to § 209(e)(2) of the Clean Air Act to, among other things, prohibit locomotives that are 23 years of age or older from operating in California starting in 2030, a rule many in the U.S. House Committee … Continued
Court: United States District Court for the District of Massachusetts Decedent Arnold L. Pritt was diagnosed with singular mesothelioma, epithelioid type in September 2019. He alleged he was exposed to asbestos during his service in the U.S. Navy and as a civilian electrician. During his service, Pritt served aboard the USS Purdy as a machinist mate from … Continued
Jurisdiction: United States District Court for the Southern District of Florida Plaintiff Douglas S. Johnson, one of the surviving children and personal representative of the estate of decedent French E. Johnson, filed an amended complaint against 50 defendants, including The Dow Chemical Company. The amended complaint alleged that decedent developed mesothelioma due to his exposure … Continued