Real-Time Court Decisions and Other Developments in Asbestos Litigation.
NEW YORK — The sole issue on appeal “is the attribution of liability as between Con Ed and non-party Robert A. Keasbey, Co., (Keasbey).” For three months in 1958, the plaintiff’s decedent worked in close proximity to Keasbey employees, who used asbestos-containing concrete products, including Rex and Rakco concrete manufactured by Keasbey. From the winter …
NEW YORK – The defendant Caterpillar, Inc. (Caterpillar) appealed a verdict in the aggregate amount of $1.8 million issued by a jury in the New York City Asbestos Litigation (NYCAL) following a trial over which the Honorable Martin Shulman presided. This verdict was unanimously reversed by the First Department, one of which justices is the …
NEW YORK — In 2014, decedent, Kimberlee Billok, was diagnosed with mesothelioma and died three months later at the age of 42. She claimed to have been exposed to Georgia-Pacific joint compound as an infant, and sued Union Carbide based upon it having supplied asbestos to Georgia-Pacific. Prior to trial in 2017, Union Carbide filed …
NEW YORK — In the latest decision in a long-running series of cases involving coverage for thousands of asbestos-related lawsuits filed against Fulton Boiler Works, Inc., the Federal District Court for the Northern District of New York established principles for the application of a notice provision in an insurance policy. Travelers Casualty and Surety Company …
NEW YORK — The plaintiff Laura Shanahan sued Kolmar Laboratories, Inc. (Kolmar), Johnson & Johnson (J&J), and seven other defendants in state court in New York, alleging that her use of their asbestos-containing talc products led to the development of mesothelioma. While the plaintiff and Kolmar were both residents of New York, J&J nonetheless removed …
NEW YORK — The plaintiff’s decedent Mason South and his wife Ann South sued Chevron Corp. and several other defendants, alleging that the defendants were responsible for causing Mason’s mesothelioma. Chevron moved for summary judgment based on a release that the plaintiff’s decedent signed when he settled a 1997 lawsuit against Texaco, Inc. and many …
NEW YORK — The instant motion by the defendants Ford Motor Company and Hennessey Inc. stems from lawsuit filed on behalf of decedent Frances Lange; the plaintiffs assert that Mrs. Francis Lange (Frances) contracted mesothelioma as a result of the inhalation of asbestos during the course of laundering her deceased husband’s (Carl) and son’s (Jeffery) …
NEW YORK — New York City Asbestos Litigation Coordinating Judge Manuel J. Mendez has granted a causation based summary Judgment motion to defendant, American Biltrite, Inc. (ABI). With respect to ABI, the plaintiff, Thomas Mantovi, alleged exposure from Amtico from vinyl asbestos floor tile that he encountered as a bystander while performing inspections as an …
NEW YORK — The plaintiff Anna Zoas sued Johnson & Johnson (J&J) alleging that her mesothelioma was caused by asbestos present in J&J Baby Powder. She allegedly used the product daily from 1945 to 1948 and regularly from 1948 to 1956. The plaintiff’s complaint was filed on May 12, 2017, and was amended on July 4, …
NEW YORK — New York’s highest Court issued its first decision addressing causation standards in an asbestos case, and upheld the trial and intermediate appellate court decisions granting Ford Motor Company judgment as a matter of law in Juni v. A.O. Smith Water Products Co. et al.. ACT has previously reported on the Juni matter here and …