Real-Time Court Decisions and Other Developments in Asbestos Litigation.
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 … Continued
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 … Continued
Last week, the California Air Resources Board (CARB) was named as a defendant in a new U.S. District Court, Central District of California lawsuit challenging California’s two new climate disclosure and financial reporting laws introduced late in 2023 — Senate bills SB 253 and SB 261. The case is Chamber of Com. Of the U.S. … Continued
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 … Continued
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 … Continued
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 … Continued
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 … Continued
Court: Supreme Court of New York, New York County (NYCAL) In this asbestos action, defendants L3Harris Technologies Inc. and Heidelberg USA Inc. moved separately for summary judgment, arguing that plaintiff Raymond Desiena did not establish exposure to asbestos from his work on Harris or Heidelberg-branded printing presses during his work as a printing press operator … Continued
Court: Supreme Court of New York, New York County (NYCAL) In this asbestos action, defendant Crosby Valve LLC moved to dismiss the action on the grounds that plaintiff John B. Daly Jr. was not exposed to asbestos from any Crosby product. Specifically, Crosby’s motion was based on Daly’s testimony that he was exposed to asbestos … Continued
Supreme Court of New York, Appellate Division, First Department In July 2023, the trial court denied a door manufacturer’s motion to dismiss. Upon appeal, the Supreme Court, Appellate Division, First Department found that defendant T.M. Cobb Company’s motion to dismiss should have been granted for lack of personal jurisdiction. The court held that “there is … Continued