Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Supreme Court of New York, New York County; August 28, 2023 This matter involved plaintiff James McWilliams, who worked as a steamfitter from 1960 until his retirement in 1996. He claimed that his work consisted of installing heating, air conditioning, and sprinkler systems, including the installation of new piping systems and the renovation of existing … Continued
Many bankruptcy trusts expanded their approved jobsite lists in the second quarter of 2023, allowing compensation for more individuals who claim to have an asbestos-related injury. However, as can be seen below, many trusts also have decreased their payment percentages. In fact, only two bankruptcy trusts have increased their payment percentages during the 2nd quarter of … Continued
Jurisdiction: Supreme Court of New York, New York County In this matter, Rockwell Automation, Inc. sought to dismiss the action against them on grounds that the plaintiff was not exposed to asbestos from burners manufactured by its predecessor, Timken-Detroit Axle Company. When it comes to making a determination as related to a summary judgment motion, … Continued
KEY TAKEAWAYS: Illinois Gov. J.B. Pritzker has signed into law HB 219 to allow punitive damages to be recoverable in wrongful death and survival actions. Punitive damages are now recoverable in wrongful death claims on cases filed on or after August 11, 2023, and punitive damages may be sought on existing cases on the effective … Continued
U.S. District Court for the Southern District of California In this asbestos action, decedent Dennis Freeman worked as an insulation contractor at shipyards in several states, including California, from approximately 1980 into the mid-1990s. Several defendants moved to dismiss certain claims in the plaintiffs’ complaint, as well as moved to dismiss the plaintiffs’ complaint in … Continued
Court: Supreme Court of New York, New York County (NYCAL) In this asbestos action, boiler defendant Burnham LLC was sued for a variety of claims, including failure to warn, loss of consortium, and punitive damages. Burnham moved to dismiss the claims, arguing the plaintiff failed to plead with particularity. A motion to dismiss for failure … Continued
Court: Supreme Court of New York, New York County In this asbestos action, plaintiff Almando Rodney underwent a pleurectomy. Defendant Mercedez-Benz USA LLC (MBUSA) moved to seek an out-of-state subpoena in order to retrieve a portion of Rodney’s tissue sample from a Florida hospital. MBUSA also moved to permit its expert to perform digestion studies … Continued
Superior Court of California, County of Los Angeles In this asbestos action, defendant Rheem Manufacturing Company filed a motion for summary judgment, and alternatively summary adjudication, arguing that the plaintiffs do not have evidence that the relevant plaintiff was exposed to asbestos from Rheem products. To show that a plaintiff cannot establish an element of … Continued
Superior Court of California, County of Los Angeles In this asbestos action, the court considered various defense motions. Defendant Western Auto Supply company filed a request opposing punitive damages, arguing that the plaintiffs cannot prove that it acted with oppression, malice or fraud. Summary judgment or summary adjudication on the issue of punitive damages is … Continued
Jurisdiction: Supreme Court of New York, New York County In this asbestos-related lawsuit, the plaintiff alleged he was exposed to asbestos while working with, and around, boilers manufactured by defendant, Burnham, from 1961 to 1999. Burnham filed a motion for partial summary judgment as to punitive damages, arguing the plaintiff failed to establish that Burnham’s … Continued