Summary Judgment

Category: Summary Judgment

January 28, 2025 • Appeal, Asbestos Case Tracker, Summary Judgment

Appellate Court Affirms Denial of Appellant’s Motion for Summary Judgment

Jurisdiction: Court of Appeals of Minnesota Appellant Westrock Minnesota Corporation f/k/a Waldorf Corporation (Waldorf), challenged the district court’s ruling, denying summary judgment on respondent’s asbestos-related claims. Appellant argued the asbestos related claims are barred by the exclusivity provision of the Workers’ Compensation Act (WCA), Minn. Stat. § 176.031. In 2023, respondent Allan N. Anderson Jr. was diagnosed with …

December 23, 2024 • Asbestos Case Tracker, Punitive Damages, Summary Judgment

New York Court Denies in Part, Grants in Part Talc Defendant’s Motion for Summary Judgment

In October 2020, Corey G. Griffin was diagnosed with peritoneal mesothelioma. He alleged asbestos exposure from the use of talcum powder related to his employment from the late 1950s until the 2000s. During this time, the plaintiff worked as an artist, makeup specialist, designer, and stylist in New York City and abroad. He brought this …

December 17, 2024 • Asbestos Case Tracker, Asbestos Exposure, Causation, Mesothelioma, Summary Judgment

Defendant’s Motion for Summary Judgment in Asbestos Action Partly Granted

Jurisdiction: Superior Court of Rhode Island, Providence Plaintiffs alleged decedent Peter A. Lowe Sr. was exposed to asbestos while employed with his father’s company – Lowe Excavating and Construction – from approximately 1965 until the late-1970s. Plaintiffs allege this exposure resulted in Mr. Lowe being diagnosed with malignant mesothelioma in 2018, which ultimately caused him to …

December 12, 2024 • Asbestos Case Tracker, Summary Judgment

Union Carbide Prevails in Rare Rhode Island Asbestos Trial

Plaintiff Bonito brought this asbestos action based on her diagnosis of, and eventual passing from, mesothelioma. Plaintiff alleged exposure from laundering her husband’s clothes from approximately 1966 to the1990s. Mr. Bonito worked at various jobs during that time. There were two defendants who took the case to trial. Union Carbide and Graybar Electric Co. Inc. …

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December 2, 2024 • Asbestos Case Tracker, New York, Summary Judgment

Court Denies Valve Manufacturers Summary Judgment Motion

Supreme Court of New York, New York County Plaintiff Raymond Lee, as administrator for the estate of the decedent, Jim Lee filed a lawsuit in the Supreme Court of New York, New York County alleging decedent was exposed to asbestos from his’s employment working around various products. Defendant, Crosby Valves, filed a motion for summary …

November 27, 2024 • Asbestos Case Tracker, New York, Summary Judgment

Court Denies Valve Manufacturer’s Summary Judgment Motion

Supreme Court of New York, New York County In this asbestos action, Plaintiff Jane E. Wixted, as executrix for the estate of the decedent, Thomas N. Wixted (“Decedent”) filed a lawsuit in the Supreme Court of New York, New York County alleging Decedent was exposed to asbestos from his employment working around various products. Defendant, …

October 18, 2024 • Asbestos Case Tracker, Hearsay, Joinder, Summary Judgment

NY Court Grants Defendant’s Motion for Summary Judgment Following Improper Service in Illinois Action

Jurisdiction: Supreme Court of New York, New York County In a New York City asbestos action, defendant Tishman Liquidating Corporation moved for summary judgment to dismiss plaintiff’s complaint, arguing the plaintiff’s decedent’s deposition testimony could not be used against it at trial. Tishman stated it was a necessary party to an action plaintiff commenced in Illinois and …

October 9, 2024 • Asbestos Case Tracker, Punitive Damages, Summary Judgment

Boiler Manufacturer’s Motion for Partial Summary Judgment on Punitive Damages Claims Denied

Court: Supreme Court of New York, New York County (NYCAL) In this asbestos action, defendant Burnham LLC moved for partial summary judgment to dismiss plaintiffs’ punitive damages claim. Specifically, Burnham argued that asbestos exposure from its boilers would fall below TLV or PEL/OSHA limits, and that it never received workers’ compensation claims for asbestos-related disease. …

October 9, 2024 • Asbestos Case Tracker, Causation, Summary Judgment

Caulking Manufacturer’s Motion for Summary Judgment on Causation Grounds Denied

Court: Supreme Court of New York, New York County (NYCAL) In this asbestos matter, decedent, Anna M. Buczynski, alleged exposure to asbestos from laundering the clothing of her former husband, Anthony Buczynski. From 1976 to 2000, Mr. Buczynski used caulking and glazing products manufactured by DAP Inc. in various homes he shared with Ms. Buczynski, …

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October 4, 2024 • Asbestos Case Tracker, Louisiana, Summary Judgment

Court Denies Plaintiff’s Attempt to Reinstate Prior Claim of Post 1969 Exposure

U.S. District Court for the Eastern District of Louisiana Plaintiff Robert Stephen Sentilles was diagnosed with mesothelioma in October 2020. He filed his suit asserting negligence and strict liability claims against several defendants, including Avondale. Plaintiff alleged his illness was the result of asbestos exposure from the 1950s to the 1980s. More specifically, he alleged …