Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Court: Supreme Court of New York, New York County In this asbestos action, decedent Willie Hollingsworth alleged he was exposed to asbestos from valves manufactured by Clow. Defendant McWane Inc., on behalf of its unincorporated division Clow Valve Company, moved for summary judgment. Defendant argued that Clow valves could not have caused or contributed to …
Court: Supreme Court of New York, New York County In this asbestos action, plaintiff Peter Marino alleged he was exposed to asbestos from floor tiles manufactured by defendant, The Goodyear Tire & Rubber Company. Goodyear moved for summary judgment, arguing it could not have caused or contributed to plaintiff’s injury. Goodyear argued plaintiff “identified only …
Court: Supreme Court of New York, New York County Defendant Milton Roy LLC filed a motion for summary judgment on the grounds that the plaintiff failed to identify Milton Roy as a manufacturer of any asbestos-containing products to which he was exposed during his employment with Con Edison between the 1970s and 1990s. In support …
Court: Supreme Court of New York, New York County Defendant Campbell Hausfeld LLC filed a motion for summary judgment on the basis that no Campbell product had been identified in connection with the plaintiff’s lung cancer. In support of its motion, Campbell pointed out the plaintiff’s history of cigarette smoking, and reiterated that the plaintiff …
4th Circuit US District Court Plaintiff Patricia McElroy claimed asbestos exposure via talc-based beauty products from varying brands and asserted a cause of action based upon negligence and product liability, including inadequate design, formulation, breach of implied warranty, willful and wanton conduct, and failure to warn. The plaintiff alleged that defendant Colgate-Palmolive Company developed, manufactured, …
Court: United States District Court for the Eastern District of Pennsylvania Plaintiff’s decedent, Joseph Pine, served as a fireman aboard the USS Constellation from 1965-1967. After he died from mesothelioma a month after his diagnosis, his widow Lydia Pine (plaintiff) brought suit against defendant John Crane Inc. and a number of other asbestos manufacturers. As the final remaining …
Court: Supreme Court of New York, New York County Defendant Mannington Mills Inc. moved for renewal of its previously denied motion for summary judgment, arguing the New York Court of Appeals’ Nemeth decision has since changed the law regarding causation. Under New York law, a party may move for leave to renew a decision to …
Supreme Court of New York, New York County In this asbestos action, decedent Rudolf Horvath alleged that he was exposed to asbestos from Bondstrand pipes manufactured by the defendant, Ameron International. Ameron moved for summary judgment, arguing that its pipes could not have caused or contributed to the decedent’s injury. Ameron points to the decedent’s …
Court: Superior Court of California, County of Los Angeles In this action, defendant Vanderbilt Materials LLC moved for summary judgment of the plaintiffs’ claim that plaintiff Roberto Gonzalez was exposed to asbestos in the defendant’s talc. Ultimately, the court denied the motion. Under California law, “[a] defendant seeking summary judgment must conclusively negate a necessary …
Jurisdiction: Supreme Court of New York, New York County; October 5, 2023 Plaintiff filed a lawsuit alleging her asbestos-related disease was caused by her use of talcum powder products manufactured by, among others, Chanel. In the motion, Chanel moved to dismiss plaintiff’s punitive damages claim on the basis that Chanel did not exhibit the “level of …