Real-Time Court Decisions and Other Developments in Asbestos Litigation.
In this asbestos action, plaintiff Michael Marcus alleged that he developed mesothelioma from working with or around asbestos-containing products while serving in the United States Navy. The plaintiff brought claims of design defect and failure to warn against numerous defendants. Defendant Greene Tweed removed this case to federal court under the federal officer removal statute. …
Court: United States District Court for the Eastern District of Louisiana In ACT’s continuing coverage of the Robichaux mesothelioma matter pending in the United States District Court for the Eastern District of Louisiana — reported most recently here — before the court were two motions in limine, one filed by plaintiff and one by defendant, …
Court: Supreme Court of New York, New York County (NYCAL) In this asbestos action, defendant SPX Cooling Technologies Inc., individually and as successor to Marley Cooling Technologies Inc., moved for summary judgment, arguing that plaintiffs failed to establish causation, and that defendant established a prima facie case for a lack thereof under Nemeth. In its …
Court: Supreme Court of New York, New York County (NYCAL) In this asbestos action, defendant Crosby Valve LLC moved to dismiss the action, alleging that plaintiff, John Holland was not exposed to asbestos from any Crosby product. In opposition, plaintiffs highlighted Holland’s deposition testimony, which identified Crosby as a manufacturer. Plaintiffs also pointed to the …
United States District Court for the Eastern District of Louisiana In ACT’s continuing coverage of the Robichaux matter, Felton Robichaux filed suit in Civil District Court for the Parish of Orleans against a number of defendants alleging he was exposed to asbestos from products he worked with as an insulator and carpenter at Avondale Shipyard …
Jurisdiction: Supreme Court of New York, New York County In this asbestos action, plaintiffs seek to join the Munna and LaMonica cases for joint trial. First, the court noted that the NYCAL CMO provides that two cases may be joined for joint trial if the plaintiffs can meet the Malcolm factors. However, the plaintiffs do …
Jurisdiction: United States District Court for the Southern District of New York; September 18, 2023 Plaintiff Ann Greenberg’s asbestos-related lawsuit against defendants Johnson & Johnson and Kolmar Laboratories asserts that she contracted an asbestos-related disease from her use of Johnson’s Baby Powder, whichshe alleged contained asbestos-contaminated talc. Johnson & Johnson filed a motion to remove …
Jurisdiction: Supreme Court of New York, New York County Plaintiff Kevin Burns filed an asbestos-related lawsuit against numerous defendants, including Burnham, testifying that while he worked as a plumber he was exposed to asbestos insulation and rope from the removal and installation of Burnham boilers from approximately 1958 to the early 1980s. Burnham moved for …
Jurisdiction: Supreme Court of New York, New York County This action was filed on behalf of decedent, Kenneth Last, alleging he was exposed to asbestos while working for general contractor, ALCOA Inc., n/k/a ARCONIC Inc., at the World Trade Center during the 1970s. ALCOA filed a motion for summary judgment arguing the fire-proofing material used …
Jurisdiction: Supreme Court of New York, New York County In this matter, Rockwell Automation, Inc. sought to dismiss the action against them on grounds that the plaintiff was not exposed to asbestos from burners manufactured by its predecessor, Timken-Detroit Axle Company. When it comes to making a determination as related to a summary judgment motion, …