Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Supreme Court of New York, New York County, May 19, 2021 Defendant The Goodyear Tire & Rubber Company filed a motion for summary judgment pursuant to CPLR 3212 arguing that the only product manufactured by defendant which matches plaintiff Pietro Camiolo’s (the decedent) description of the alleged asbestos product he worked with, never contained asbestos, …
Court of Appeal of California, Second Appellate District, Division One, June 4, 2021 The decedent worked as a plumber in Michigan from 1969 to 1976. The plaintiff contends the decedent was exposed to asbestos during this time when working with boilers manufactured by Weil-McLain Company, Inc. (now a division of The Marley-Wylain Company (MW)). The …
In a study published on May 18, 2021 in Human Molecular Genetics, researchers at Fox Chase Cancer Center in Philadelphia, along with a team of international researchers, identified another genetic mutation, in addition to BAP1, that may predispose individuals to malignant mesothelioma. The authors of the study, which was overseen by Joseph R. Testa, PhD, …
Superior Court of New Jersey, Law Division, May 26, 2021 In this case, the plaintiff filed suit as personal administer of her husband’s estate against defendant Union Carbide. The jury returned a verdict in the plaintiff’s favor on the claims of strict liability and negligent failure to warn. Union Carbide appealed, arguing that a new …
United States District Court for the District of the Virgin Islands, Division of St. Croix, May 25, 2021. In this action, the plaintiffs, multiple former oil refinery workers, asserted state law tort claims for asbestos-related injuries against Hess Corp. and Hess Oil Virgin Islands Corp. (HOVIC). Hess is a Delaware corporation based in New York. …
Supreme Court of New York, Appellate Division, Second Department, May 26, 2021 The plaintiff, Victoria Pistone, and her husband, suing derivatively, brought this asbestos action against American Biltrite, Inc. and Mannington Mills, Inc., among other defendants. The defendants moved separately for summary judgment based on a lack of causation. Judge George R. Peck granted summary …
As previously reported by the Asbestos Case Tracker, Judge Manuel Mendez, former NYCAL coordinating judge, denied defendant Mario & DiBono Plastering Co., Inc.’s (M&D) motion for summary judgment. M&D appealed this decision. The Appellate Division noted that the court properly denied M&D’s smmary judgment motion since it failed to unequivocally establish that the materials it …
Supreme Court of New York, New York County, May 11, 2021 The plaintiff alleged that the decedent, Alvin Smith, was exposed to asbestos from skinning, stripping, and pulling asbestos-containing wire and cable manufactured by the defendant, Ericsson, Inc.’s predecessors, Anaconda Wire & Cable Company and Continental Wire & Cable Company, at various locations throughout his …
U.S. District Court for the Northern District of California, May 20, 2021 In this asbestos action, the plaintiffs allege that Mr. Toy (the decedent) worked with asbestos-containing steam traps and strainers manufactured by Armstrong from 1974 until 1980. Defendant Armstrong moved for summary judgment on the causation issue, and the plaintiffs opposed the motion. Of …
Supreme Court of New York, New York County, May 10, 2021 Before the court is defendant National Grid Generation LLC d/b/a National Grid’s motion for summary judgment, pursuant to CPLR 3212, for a finding in favor of National Grid on the grounds that there is no merit to the allegations in the plaintiff’s complaint against National …