Real-Time Court Decisions and Other Developments in Asbestos Litigation.
NEW YORK – The plaintiff Francis Keating filed suit against dozens of companies alleging he contracted lung cancer as a result of exposure to asbestos containing products for which the defendants were liable. Specifically, he believed he had been exposed to asbestos while working as a machinist in the United States Navy from 1953-1974 and … Continued
NEW YORK – Utica Mutual Insurance Company and Clearwater Insurance Company, which entered into reinsurance agreements regarding umbrella policies that Utica issued to Goulds Pumps, will go to trial over whether Utica can recover from Clearwater certain defense costs it paid to Goulds in underlying personal injury actions by asbestos claimants. Utica will be able … Continued
NEW YORK – A New York appellate court has vacated the trial court’s entry of judgement of $2 million for future pain and suffering in a recent mesothelioma case and has ordered the plaintiff to stipulate within 30 days to a reduction of future pain and suffering damages to $500,000 or face a new trial … Continued
NEW YORK – In unanimously reversing an order denying the defendant Whittaker Clark & Daniel’s, Inc.’s (WCD) motion for judgment notwithstanding the verdict, today New York’s First Department determined that the plaintiff Claudine DiScala did not present sufficient evidence to establish a level of exposure that could have caused the decedent, Joan Robusto’s, mesothelioma. They determined … Continued
NEW YORK – Johnson & Johnson (J&J) was hit with a $300 million punitive damages award on May 31, 2019, after a jury found the company responsible for a woman’s development of mesothelioma after decades of use of J&J talc bath products. In Donna A. Olson v. Brenntag North America Inc., et al., the jury … Continued
NEW YORK – The plaintiff, Carl Lanz, filed suit in New York against the defendants alleging he developed mesothelioma as a result of his occupational exposure to asbestos. Specifically, Carl Lanz alleged he had been exposed to asbestos while working as an electrician apprentice and electrician for the Public Service Company of Colorado from 1969 … Continued
NEW YORK – The defendant Algoma Hardwoods, Inc. filed a motion for summary judgment in the instant matter, contending via an affidavit signed by its principal that it did not sell or distribute asbestos-core fire doors in the New York metropolitan area where the plaintiff’s decedent worked during the relevant time period and therefore he … Continued
NEW YORK — In James and Lynn Stock v. Air & Liquid Systems Corp., et al, the Supreme Court of The State of New York, Eighth Judicial District, recently considered the defendant’s and the plaintiffs’ post-trial motions. At the trial of the original case, the plaintiffs James and Lynn Stock (plaintiffs) filed suit for James Stock’s … Continued
NEW YORK — The plaintiff John Spicijaric (decedent) was diagnosed with lung cancer in June 2014, and died one week later. Prior to his lung cancer diagnosis, The decedent was also diagnosed with asbestosis. The decedent was deposed in his asbestosis case in 1985, but was never deposed in the present action. The decedent was … Continued
New York — The plaintiff was diagnosed with esophageal cancer in October 2013 and filed suit in 2014. The plaintiff identified ten projects where he worked with vinyl asbestos floor tile. In addition to defendant American Biltrite’s (ABI) tile, the plaintiff identified seven other brands of tiles he used throughout his career. The plaintiff could not … Continued