Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Court: Supreme Court of New York, Appellate Division, First Department In this asbestos action, decedent Rudolf Horvath alleged that he was exposed to asbestos from Bondstrand pipes manufactured by defendant, Ameron International, at a sewage plant in midtown Manhattan. In response, Ameron filed a motion for summary judgment, arguing the sewage plant referenced by decedent …
Court: Court of Appeals of Texas, Fourteenth District, Houston Carolyn and Frank Burford were married from November 1962 until Carolyn’s death in 2015. While married, Frank Buford worked for Alcoa at its aluminum smelter in Rockdale, Texas. As a potlining helper, Mr. Burford regularly worked with and around asbestos-containing materials. Mrs. Burford (Carolyn, or decedent) washed …
Court: Supreme Court of New York, New York County In this action, plaintiff June Savianeso alleges that decedent Michael Savianeso was exposed to asbestos from the products of various defendants. Decedent passed away without giving deposition testimony. Subsequently, decedent’s brother, James, provided seven days of testimony. As pertinent to this motion, James testified that he …
Supreme Court of New York, New York County In this asbestos action, defendant Burnham, LLC moved for partial summary judgment to dismiss the plaintiff’s punitive damages claim on the basis that any alleged asbestos exposure from Burnham boilers would fall below TLV or PEL/OSHA limits, and that Burnham did not have workers’ compensation claims for …
Jurisdiction: United States District Court for the Southern District of Florida Decedent John McCabe died from malignant epithelioid mesothelioma in January 2023, following a career as an aircraft mechanic. His estate initiated this action, alleging strict products liability and negligence against dozens of defendants, including Curtiss-Wright. Curtis-Wright moved for summary judgment, arguing that plaintiff failed to submit …
Jurisdiction: United States District Court for the Middle District of North Carolina Marshall E. Pike worked in the farm-equipment manufacturing and maintenance field for the duration of his 55-year career. This included performing maintenance on fertilizer spreader and sprayer pumps at multiple companies. In September 2021, Pike was diagnosed with mesothelioma and commenced this action. His estate continued …
Supreme Court of New York, New York County (NYCAL) In this asbestos action, plaintiff Thomas Bassier alleged that he suffered injury as a result of exposure to asbestos-containing products manufactured by various companies during his time employed as an electrician. In response, one of the defendants, Burnham, LLC, filed a motion for summary judgment arguing …
Court: Supreme Court of the State of New York, New York County (NYCAL) Plaintiff John B. Daly, Jr. worked as a mechanic for Consolidated Edison Company from 1976 to 2012. He alleged exposure to asbestos-containing gaskets affiliated with regulators manufactured by Fisher Controls International LLC during this period. Fisher filed a motion for partial summary …
Court: United States Court of Appeals for the Fifth Circuit Plaintiff Harry Marsh worked as a merchant mariner from 1944 to 1992. He was diagnosed with mesothelioma in 2018 and subsequently sued the owner of every vessel he worked on over his lengthy career. Defendants included appellees Chas Kurz & Co. Inc., Chiquita Brands International Inc., Farrell …
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 …