Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Supreme Court of New York, New York County, July 28, 2022 In this asbestos action, decedent Roy Barbarino alleged exposure to asbestos from brake lining as a bus maintainer for the New York City Transit Authority (NYCTA) from 1962 to 1987. Defendant Abex moved for summary judgment, contending that they could not have caused or … Continued
Supreme Court of New York, New York County, June 15, 2022 In this asbestos action, decedent Anastasios Katechis alleged exposure to asbestos from joint compound he used as a painter for Mamais Construction from 1967 to 1971. During his deposition, Katechis identified defendant Allied Building Products Corp. as a supplier of joint compound during that … Continued
Supreme Court of New York, Appellate Division, First Department, July 19, 2022 On July 19, 2022, the First Department reversed three New York City Asbestos Litigation (“NYCAL”) decisions that denied summary judgment to Defendant, American Biltrite, Inc. (“ABI”), finding that the plaintiffs could not prove specific causation, and thus summary judgment to ABI was in … Continued
Supreme Court of New York, Appellate Division, First Department, July 19, 2022 In 2017, Plaintiff Donna Olson (“Plaintiff”) filed suit against Johnson & Johnson (J&J), claiming that her lifelong use of J&J talcum powder exposed her to asbestos and caused her to develop mesothelioma. After a 12-week jury trial in 2019, a New York City … Continued
The current wrongful death statute in New York, which has been in place since 1847, may get a revamp in the coming months. Senate Bill S74A, also known as the Grieving Families Act (“the Act”) is currently awaiting Governor Kathy Hochul’s signature. Full language of the statute is available here. If signed, the Act will expand … Continued
Supreme Court of the State of New York, County of New York, June 29, 2022 In this asbestos action, plaintiffs filed a motion for leave to reargue a motion for summary judgement filed by defendant Strick Trailers, LLC (“Strick”), which was granted on October 13, 2021. By way of background, the plaintiff, James Martinez, alleged … Continued
Supreme Court of New York, Suffolk County, June 6, 2022 Plaintiffs Lisa and Edward Gavin filed a lawsuit to recover damages for the injuries Lisa allegedly sustained as a result of exposure to asbestos-containing products manufactured or sold by defendants during her employment with Courter and Company from 1978 to 1980. Defendant Sterling Fluid Systems … Continued
State of New York, Supreme Court, County of Monroe, May 16, 2022 Plaintiffs John and Jayne Gaub commenced an asbestos-related lawsuit on February 22, 2021, against several defendants, including Textron, Inc., sued individually and as alleged successor to Bridgeport Machines, Inc. (defendant) for damages from personal injuries from Mr. Gaub’s alleged asbestos exposure from various … Continued
United States District Court for the Southern District of New York, May 9, 2022 In this asbestos action, decedent Carlo Badamo served on several vessels during his time as a merchant marine from 1944 to 1955. Thereafter, he alleged that he developed asbestos-related cancer and brought a claim under the Jones Act. Three defendants: Farrell … Continued
New York Court of Appeals, April 26, 2022 The plaintiff’s decedent, Florence Nemeth, was diagnosed with peritoneal mesothelioma in 2012 and passed away in 2016. She and her husband filed suit against numerous defendants, alleging that Ms. Nemeth’s exposure to asbestos-containing products throughout her lifetime caused her mesothelioma. Ms. Nemeth was deposed prior to her … Continued