New York

Category: New York

March 23, 2016 • Asbestos Case Tracker, Case Decisions, New York, Summary Judgment

Even Applying Relaxed Product Identification Standards of New York Law, Plaintiff Fails to Establish Exposure to Five of Six Defendants Moving for Summary Judgment

The decedent, a lifetime electrician, passed away in 2014 of lung cancer. Prior to passing, he filed a lawsuit for asbestos exposure against numerous manufacturers. Six defendants filed motions for summary judgment arguing lack of exposure — Rockwell Automation (Allen-Bradley); BW/IP International (Byron Jackson); Air & Liquid Systems (Buffalo); Gardner Denver; Schneider Electric (Square D); … Continued

March 17, 2016 • Asbestos Case Tracker, Case Decisions, Consolidation, New York

Plaintiffs’ Motion for Joint Trial Denied Since Individual Issues Between Plaintiffs Predominated Over Any Common Questions of Law and Fact

The plaintiffs, who had the same attorneys, commenced personal injuries actions in Nassau County Supreme Court, alleging personal injuries as a result of exposures to asbestos. In support of the motion, it was noted that each plaintiff was still alive and suffering from lung cancer, were exposed to the same or similar materials during a … Continued

March 17, 2016 • Asbestos Case Tracker, Bankruptcy, Case Decisions, New York

Although Plaintiff’s Claims Within 1986 Manville Settlement Order, Case Remanded to Bankruptcy Court to Determine If Plaintiff Received Due Process

The plaintiff, Salvador J. Parra, Jr., developed asbestosis after working as an insulator and sued Marsh USA, Inc., an insurance broker, and others. Marsh filed a motion in the bankruptcy cases of Johns-Manville, arguing it was relieved of liability for the plaintiff’s claims. The bankruptcy court granted the motion, and the plaintiff appealed. The district … Continued

February 24, 2016 • Asbestos Case Tracker, Case Decisions, New York, Summary Judgment

NYCAL Judge Denies Defendant’s Motion for Summary Judgment on Product Identification and Other Grounds

In a February 22, 2016 decision, the Honorable Peter H. Moulton, J.S.C. of the Supreme Court of the State of New York, New York County denied the defendant’s motion for summary judgment in a case where the plaintiff-decedent was allegedly exposed to asbestos during a lengthy career as a longshoreman on at certain New York City … Continued

February 19, 2016 • Asbestos Case Tracker, Case Decisions, New York, Pleadings Challenge

Airplane Manufacturer Granted Dismissal in N.Y. Federal Court Action for Lack of Jurisdiction Even Though Registered to do Business and Appointed an Agent for Service of Process

In this federal court case, it was alleged that the decedent, Walter Brown, was exposed to asbestos while serving as an airplane mechanic in the U.S. Air force from 1950-1970. During that time, he worked at various bases in Europe and in the U.S. in Alabama, Delaware, Georgia, Illinois, New Mexico, and Michigan. Prior to … Continued

February 11, 2016 • Asbestos Case Tracker, Case Decisions, New York, Pleadings Challenge

Defendants, Miners and Suppliers of Talc, Granted Motions to Dismiss Plaintiff’s Claim of Market Share Liability as Manufacturer of the Product was Identifiable

In this case, it is alleged that the plaintiff, Keri Logiudice, contracted mesothelioma from her use of Cashmere Bouquet cosmetic talcum powder. The defendants, Cyprus Amax Minerals and Imerys Talc America Inc., mined and supplied talc to Colgate, the manufacturer of Cashmere Bouquet, and moved to dismiss the plaintiff’s sixth cause of action for market … Continued

February 4, 2016 • Asbestos Case Tracker, Case Decisions, New York, Summary Judgment

Several Defendants Not Named in Plaintiffs’ Interrogatory Answers Move for Summary Judgment With Various Results

In this case, the plaintiff, Mark Denison, claimed exposure to asbestos from numerous products while working at his father’s hardware store from 1964-65 to 1969, Dunkirk Radiator from 1972 to 1987, and from his own automotive repair business from 1980 to the early 1990s. Defendants Bird, Inc., Euclid-Hitachi Heavy Equipment, Inc., F.E. Myers, Oshkosh Corporation, … Continued

January 22, 2016 • Asbestos Case Tracker, Case Decisions, New York, Summary Judgment

Summary Judgment Awarded to Pump Manufacturer for Alleged Exposure to Pump Component Parts Manufactured by Third-Parties

In Holzworth v. Alfa Laval, et al. 12-CV-06088 (S.D.N.Y. Jan. 21, 2016), Southern District of New York Judge John Keenan granted defendant Ingersoll-Rand’s summary judgment motion arising out of the plaintiff’s alleged exposure to asbestos aboard the U.S.S. Sheldrake. The plaintiff’s decedent had testified that he was exposed to pumps aboard the ship as a … Continued

January 13, 2016 • Asbestos Case Tracker, Case Decisions, Consolidation, New York

NYCAL Court Permits Discovery of Non-Party Co-Author of Article Analyzing Verdicts in Association with Consolidated Trials

In this NYCAL case, Justice Peter Moulton denied the defendants’ motion seeking to quash a subpoena served by Weitz & Luxenberg P.C. upon Mr. Marc Scarcella of Bates, White LLC, an economic consulting firm. Mr. Scarcella co-authored an article entitled, “The Consolidation Effect: New York City Asbestos Verdicts, Due Process and Judicial Economy.” In summary, the … Continued

January 11, 2016 • Asbestos Case Tracker, Case Decisions, FELA, Maritime/Admiralty Law, New York

Prior Release Found Inadequate to Dismiss Future Jones Act/FELA Claims Based on Development of Mesothelioma

In this NYCAL case, the Maritime Asbestos Legal Clinic originally filed a suit in 1997 on behalf of the decedent, Mason South, in the Northern District of Ohio. The decedent served in the Merchant Marines from 1945 to 1982. Less than two months later the case settled, with Texaco Inc. being one of the settled … Continued