Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Jurisdiction: Supreme Court of New York, New York County Plaintiff John P. Reeves alleges asbestos exposure from, among other things, the asbestos-containing caulk of defendant DAP Inc. while serving in the U.S. Navy aboard the USS Forrestal from 1961 to 1964. He also alleges exposure from the caulking work he performed on various occasions in …
Jurisdiction: Supreme Court of New York, New York County DAP filed a motion for summary judgment by arguing plaintiff cannot sufficiently demonstrate DAP’s exposed him to asbestos. DAP contends that it did not manufacture or sell any product that resembles the product described by plaintiff. Thus, according to DAP, plaintiff cannot establish that he was …
Jurisdiction: Supreme Court of New York, New York County Plaintiff Robert L. Toth worked at various Consolidated Edison powerhouses from 1961 to 1991 as a sheet metal worker. He was diagnosed with lung cancer in 2019 and he alleged his illness was the result of asbestos exposure. He brought suit against numerous pump, valve, and gasket companies …
Jurisdiction: Supreme Court of New York, New York County Plaintiff Lita Goldstein was diagnosed in March 2022 with mesothelioma. She initiated a suit against several defendants in May 2022, including Kolmar Laboratories Inc. Kolmar moved for summary judgment on two points. First, it argued plaintiff failed to establish she was exposed to any asbestos-containing product manufactured …
In the recent Agnew decision, the court had to decide on National Tinsel’s motion to dismiss. National Tinsel is an artificial snow company incorporated in Wisconsin which was being sued in New York. National Tinsel filed for corporate dissolution, which began in June 2021 when it was published for state-wide circulation. Per Wisconsin statute, this …
U.S. District Court for the Eastern District of Missouri, Eastern Division Decedent Carole Zicklin passed away from mesothelioma in September 2021. The decedent’s daughters subsequently filed a wrongful death lawsuit against a number of defendants, including PTI Union, LLC. The lawsuit alleged that the decedent was exposed to asbestos from talcum powder products that she …
Court: U.S. Bankruptcy Court for the District of Delaware Avon Products Inc., a U.S.-based “non-operational” holding company, announced Monday that it is seeking Chapter 11 bankruptcy protection to “address its debt and legacy talc liabilities.” In recent years, hundreds of talc lawsuits have been filed against Avon. Its court filings state the company no longer …
Jurisdiction: Supreme Court of New York, New York County Defendant Kennedy Electrical Supply Corp. moved for summary judgment seeking to dismiss this action on the grounds that plaintiff was not exposed to asbestos from any Kennedy products during his employment with Con Edison from 1963 through 2005. Specifically, Kennedy argued that because plaintiff recanted his identification of …
Jurisdiction: Supreme Court of New York, New York County Defendant Atwood & Morrill Co. Inc. moved for summary judgment to dismiss this action on the grounds that plaintiff Giuseppe Rullo was not exposed to asbestos-containing pumps manufactured by Atwood during the course of his work at Con Ed from 1969 to 1979. Specifically, defendant’s motion rested …
On June 25, 2024, the Third Circuit Court of Appeals rendered an opinion affirming the New Jersey Bankruptcy Court’s decision to dismiss LTL Management/Johnson & Johnson’s second bankruptcy case for “want of good faith because it was not in financial distress” in IN RE: LTL Management, LLC. In 2021, Johnson & Johnson first attempted to …