Real-Time Court Decisions and Other Developments in Asbestos Litigation.
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 …
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 …
On Thursday, KCIC posted their 2023 Mid-Year Asbestos Filings Update. This update is compiled using information collected through July 31. Here are some highlights from the update: Asbestos-Related Lawsuits Increase After Last Year’s Decrease The number of asbestos-related lawsuits decreased from 2021 (1,972) to 2022 (1,922). However, 2023 shows an increase in the number of …
Court: Court of Appeal of Florida, First District The decedent, Joan Smith, died from mesothelioma allegedly caused by secondary exposure to asbestos through laundering her husband’s work clothing. From 1969 through 1993, Mr. Smith was employed as a mechanic and performed brake work on Mack heavy trucks. Mack did not manufacture its own brakes but …
Court: Supreme Court of New York, New York County Long Island Lighting Company (LILCO) is a subsidiary of Long Island Power Authority (LIPA). LIPA was created “to remedy LILCO’s conduct as a private electric provider” by closing LILCO’s Shoreham Nuclear Power Station — where the plaintiff-decedent was allegedly exposed to asbestos — and saving LILCO …
Court: United States District Court for the Eastern District of Louisiana In this asbestos action, Felton Robichaux worked as an insulator and carpenter at Avondale Shipyard from 1961 to 1979, and alleges he was exposed to asbestos through his work, as well as through his contact with other employees at Avondale Shipyard. In 1991, Robichaux and …
Court: Supreme Court of New York, New York County In this asbestos action, defendant Dykes Lumber moved for summary judgment, arguing it established a prima facie case for lack of causation under Nemeth v. Brenntag. Plaintiff Raphael Sason opposed the motion. First, the court set forth the summary judgment standard, including that “the proponent of …
Court: Supreme Court of New York, New York County In this asbestos action, defendant T.M. Cobb moved to dismiss plaintiff James Witte’s complaint against them for lack of personal jurisdiction. T.M. Cobb argued that it did not have connections to New York as it did not sell products, nor conducted business, in New York State. …
Court: Court of Appeals of California, First Appellate District, Division One Decedent Daniel Ochoa worked as a HVAC technician and pipefitter beginning in the 1970s. His work involved extensive maintenance on cooling towers throughout southern California. He was diagnosed with mesothelioma and commenced this action prior to his passing. His widow Joe Ann Ochoa and …
Court: Superior Court of California, County of Los Angeles In this asbestos action, plaintiffs James Manns, David Papworth, Carie Edwards, Shauna Papworth, Jami Hoffman, and Robee Green filed this action alleging Debra Manns developed mesothelioma as a result of exposure to asbestos from Master Industries Worldwide LLC’s products. In November 2022, plaintiffs dismissed Master Industries Worldwide, …