New York

Category: New York

August 9, 2016 • Asbestos Case Tracker, Insurance Coverage, New York

Court Rules Summary Judgment Not Appropriate Due to Ambiguity on How Non-Cumulation Clause Operated

Liberty Mutual Insurance Company issued successive annual insurance policies to the Fairbanks Company from January 1, 1974 to January 1, 1982. Liberty issued both comprehensive general liability and umbrella policies. Multiple lawsuits were filed in several jurisdictions against Fairbanks, alleging injuries due to exposure to asbestos, and this coverage litigation resulted. On March 21, 2016, … Continued

August 5, 2016 • Asbestos Case Tracker, Case Decisions, New York

$3.5 Million Verdict Against National Grid Generation, LLC Upheld

On August 4, 2016, the Supreme Court of New York affirmed the jury’s award of $3.5 million against defendant National Grid Generation, LLC. The evidence showed that LILCO, National Grid’s predecessor in interest, issued detailed specifications directing contractors on how to mix and apply asbestos-containing concrete and insulation at a power plant. This supported the … Continued

August 1, 2016 • Asbestos Case Tracker, Case Decisions, Consolidation, New York

Court Refuses to Consolidate Four In Extremis Cases for Joint Trial

The plaintiffs moved pursuant to CPLR 602 for an order consolidating four in extremis cases for a joint trial: Herman Anderson, Mercedes Abreu, Patrick Demartino, and Mario Scalera. Defendant Ford opposed consolidation in all four cases. Ingersoll Rand Co. and Aurora Pump Co. also opposed in the Demartino case, Weil-McClain opposed in the Abreu case, Genuine Parts … Continued

July 26, 2016 • Asbestos Case Tracker, Asbestos Litigation Analysis, Case Decisions, Discovery, New York

Argument That Plaintiff’s Counsel Misrepresented Return of Privileged Memo Unavailing; Defendant’s Own Actions Waived Privilege

Defendant J-M Manufacturing Company, Inc. moved to vacate the Recommendation of the Special Master finding that J-M waived privilege. In so doing, the defendant argued the Special Master erroneously applied New York law instead of California law in determining that the defendant waived the attorney-client privilege attached to the redacted and unredacted versions of a … Continued

July 11, 2016 • Asbestos Case Tracker, Bankruptcy Trusts, Case Decisions, New York, Verdict Reduction

Appellate Court Grants New Trial Due to Lower Court’s Error on Jury Charge as to “Recklessness Standard”

In the matter of the Estate of Lee Holdsworth, in the Supreme Court of New York, Erie County (Lower Court), judgment was entered against the defendant Crane Co. upon a jury verdict finding that Crane Co. was 35 percent liable for the damages arising from injuries sustained by Lee Holdsworth (the plaintiff’s decedent) as a … Continued

July 5, 2016 • Asbestos Case Tracker, Bankruptcy, Case Decisions, New York

Plaintiff Could Not Side-Step Manville Trust by Directly Suing Defendant Where Claim was a Pre-Petition Claim Subject to Discharge by Bankruptcy

The plaintiff, Lynda Berry, filed an asbestos lawsuit in Louisiana against Graphic Packaging International for mesothelioma due secondary exposure from her husband’s work at the Manville Forest Products (MFP) mill from 1961-2010. The plaintiff’s petition included claims against Manville for asbestos it produced, and claims against Graphic for negligently maintaining the premises. Graphic filed an … Continued

June 30, 2016 • Asbestos Case Tracker, Case Decisions, New York, Statute of Limitations, Summary Judgment

Summary Judgment Denied to Talc Defendant on Statute of Limitations, Burden of Proof, and Causation Issues

In this asbestos personal injury action the plaintiffs allege that Arlene Feinberg contracted mesothelioma because of exposure to asbestos-contaminated talc from defendant Colgate-Palmolive Company’s Cashmere Bouquet. Colgate moved for summary judgment, arguing 1) the plaintiffs’ action is barred by the statute of limitations; 2) the plaintiffs failed to exclude other potential causes of Ms. Feinberg’s … Continued

June 28, 2016 • Asbestos Case Tracker, Case Decisions, Consolidation, New York

Duty to Warn Exists for Manufacturer of Products Required to be Used With Third Party Asbestos-Containing Products

Matter of New York City Asbestos Litigation (Dummitt v A.W. Chesterton, et al.), June 28, 2016 The plaintiff, Doris Kay Dummitt, filed suit in the New York Supreme Court, alleging her husband, Ronald Dummitt, was diagnosed with and passed away from mesothelioma from asbestos exposure as a result of work as a Navy boiler technician … Continued

June 28, 2016 • Asbestos Case Tracker, Case Decisions, Consolidation, New York

Highest Court of New York Refuses to Consider Defendant’s Argument That Joint Trial was Improper Because Defendant Failed to Preserve Issue for Appeal

In the 1970s, the plaintiff’s decedent, Dave John Konstantin, worked as a carpenter at two Manhattan construction sites where defendant Tishman Liquidating Corporation (TLC) was the general contractor. The decedent died of mesothelioma in 2012. This case was assigned with nine other cases to an in extremis trial calendar; all 10 plaintiffs were represented by … Continued

June 21, 2016 • Asbestos Case Tracker, Case Decisions, New York

$6.25 million Jury Verdict In NYCAL Case Against Boiler Manufacturers

On June 13, 2016 a NYCAL jury awarded plaintiff $6.25 million for the death of the decedent, Vincent Geritano, who had been diagnosed with mesothelioma. The only defendants remaining at trial were Burnham and Crown Boiler Co. The jury found Burnham liable, but not Crown. Burnham was assessed 9 percent liability, with several other entities sharing the … Continued