Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Court: Supreme Court of New York, Albany County Plaintiff Warren Stouch brought this asbestos action in February 2020, claiming he was exposed to asbestos at his jobs, including through the use and wear of asbestos containing gloves allegedly manufactured by Magid Glove. Discovery was exchanged and, importantly, Mr. Stouch was deposed. He testified he … Continued
Court: United States District Court for the Middle District of Florida, Tampa Division In this asbestos action, defendants Atwood & Morrill Co. Inc. and Warren Pumps LLC filed a Daubert motion to exclude, or limit, certain causation testimony and opinions of plaintiff’s expert, David Zhang, MD. Plaintiff Arnold Edmonds served aboard the USS Saratoga from … Continued
Court: Circuit Court of South Carolina, Fifth Judicial Circuit A South Carolina jury Aug. 16 returned a $64.4 million plaintiff’s verdict against product manufacturer Johnson & Johnson and supplier American International Industries. Plaintiff Michael L. Perry filed a lawsuit against numerous defendants, alleging that he developed mesothelioma from exposure to asbestos through his personal use … Continued
On August 22, the U.S. District Court for the Western District of Louisiana permanently blocked the United States Environmental Protection Agency and the U.S. Department of Justice from implement Civil Rights Act Title VI “disparate impact” regulations within the state of Louisiana. Disparate impact assessments are typically undertaken by the federal government when determining harms … Continued
Court: Supreme Court of New York, New York County (NYCAL) In this asbestos action, plaintiff Jennifer Peganis alleged take-home exposure to asbestos from laundering her husband’s work clothing. Defendant Donald Durham Company moved to dismiss the action on the basis that plaintiff failed to establish causation. Defendant Vanderbilt Minerals LLC jointed Durham’s motion to dismiss, … Continued
Court: Supreme Court of New York County (NYCAL) In this asbestos action, defendant Burnham Holdings Inc. moved to dismiss the complaint against it on personal jurisdiction grounds. Specifically, BHI asserted that it is a holding company that was incorporated in Delaware with a principal place of business in Pennsylvania. BHI further argued that as a … Continued
Jurisdiction: Supreme Court of New York, New York County This action arises out of plaintiff Hydraulic IP Holdings LLC’s attempt to enforce a judgment entered against non-party Grace Apparel LLC. Plaintiff’s complaint alleges that the operation of Grace ceased, and assets were transferred to continue operation through successor entities, defendants GBrands Holding LLC and CC … Continued
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 … Continued
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 … Continued
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 … Continued