Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Court: Supreme Court of the State of New York, New York County (NYCAL) This asbestos matter involves a motion filed by plaintiff to consolidate two asbestos actions. In New York, “when actions involving a common question of law or fact are pending before a court, the court, upon motion . . . may order the …
Court: Supreme Court of South Carolina In this mesothelioma matter, the Supreme Court of South Carolina granted a writ of certiorari to review decisions of the South Carolina Court of Appeals affirming (1) the trial court’s denial of Scapa Waycross Inc.’s motion for judgment notwithstanding the verdict based on the insufficiency of the evidence as …
Court: Court of Appeals of Texas, Fourteenth District, Houston In this asbestos action, a Texas Appellate Court reversed and remanded the grant of a no-evidence summary judgment motion as to defendant Howmet Aerospace Inc., f/k/a Arconic, Inc., f/k/a Alcoa, Inc. (“Alcoa”). The surviving husband and children of decedent Carolyn Burford asserted wrongful death and survival …
Court: United States District Court for the Eastern District of Louisiana In this asbestos action, plaintiff Ted Matherne Sr. worked at the Avondale Shipyards. In addition, defendant Hopeman Brothers Inc. placed Micarta from Westinghouse “as a component part of the composite wall and bulkhead panels it suppled to Avondale for use aboard ships.” Defendant Paramount …
Court: Supreme Court of New York, New York County Plaintiff-Decedent John Gonder alleged exposure to asbestos during his employment as a Con Edison inspector between the 1970s and 1990s. He died in May 2021 at 86 years old from lung cancer. Defendant Jenkins Bros. filed a motion for summary judgment on the basis that Gonder …
Jurisdiction: Supreme Court of New York, New York County Defendant Morse Diesel Inc. filed a motion for summary judgment on the basis that plaintiff Matthew D’Alessio’s claims were barred by New York State Worker’s Compensation Law. In support of its motion, Morse Diesel pointed to D’Alessio’s deposition testimony in which he claimed to be an …
Court: United States District Court for the Eastern District of Louisiana Defendant Hopeman Brothers Inc. moved for partial summary judgment with respect to plaintiffs’ claims of intentional tort, alter ego, and manufacturer strict liability. In order to satisfy their intentional tort claim, plaintiffs must demonstrate that Hopeman “either consciously desired that plaintiff contract mesothelioma or …
Court: United States District Court for the Eastern District of Louisiana In the case of Matherne v. Huntington Ingalls Inc., plaintiffs moved for partial summary judgment regarding the Avondale Interests’ government contractor defense. Plaintiff decedent Roseanna Matherne was diagnosed with mesothelioma, which she alleged resulted from secondhand exposure to asbestos via her husband’s work clothes that …
Court: Supreme Court of New York, New York County In this asbestos action, decedent Giacinto Pira alleged he was exposed to asbestos from gloves manufactured by defendant Steel Grip. Steel Grip moved for summary judgment, arguing that plaintiff did not establish exposure to asbestos or causation from Steel Grip gloves. In support, Steel Grip proffered an …
Jurisdiction: Supreme Court of New York, New York County Plaintiff filed this lawsuit alleging decedent suffered asbestos exposure from numerous product manufacturers during the course of his employment as a mechanic for Con Ed from 1974 to 2012. Prior to his passing, decedent was deposed. Defendant Crosby Valves filed a motion for summary judgment on …