Motion to Dismiss Archives - Asbestos Case Tracker

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March 20, 2024 Failure to State a Claim / Motion to Dismiss

Premises Defendant’s Motion to Dismiss for Failure to State a Claim Granted

Plaintiff Marvin Evans was diagnosed with lung cancer in September 2022. Subsequently, the plaintiff sued a number of defendants in the Civil District Court for Orleans Parish, alleging that his lung cancer was caused by exposure to asbestos during his employment as a boilermaker with various companies between 1969 and 1980. The case was eventually removed to the Eastern District of Louisiana.

In the instant motion, one of the defendants, Georgia-Pacific Consumer Products LP, alleged that the plaintiff failed to state a claim against it. …

December 29, 2023 Motion to Dismiss / New York

Posted by: Elizabeth M. Lautenbach

Appellate Division Reverses Denial of Door Manufacturer’s Motion to Dismiss

Supreme Court of New York, Appellate Division, First Department

In July 2023, the trial court denied a door manufacturer’s motion to dismiss. Upon appeal, the Supreme Court, Appellate Division, First Department found that defendant T.M. Cobb Company’s motion to dismiss should have been granted for lack of personal jurisdiction.

The court held that “there is no evidence that the fire doors that allegedly caused the decedent plaintiff’s injury by exposing him to asbestos were manufactured in New York.” The court also stated that T.M. …

December 27, 2023 Civil Conspiracy / Motion to Dismiss / Punitive Damages

Posted by: Kerry L. Jones

Talc Defendants’ Motion to Dismiss Punitive Damages Claim Granted; Motion to Dismiss Civil Conspiracy Claim Denied

U.S. District Court for the Eastern District of Louisiana

In this asbestos action, plaintiff Michael Simoneaux initially filed suit against his former employers for alleged asbestos exposure. He later amended his complaint to include Mennen and Johnson & Johnson (hereinafter, “Talc Defendants”), asserting that from the 1960s until 2000 he consistently used Mennen Baby Magic and Johnson & Johnson Baby Powder, and that these products contained asbestos. In response, the Talc Defendants moved to partially dismiss the complaint as to the punitive damages claim, asserting …

November 8, 2023 Bankruptcy / Motion for Leave / Motion to Dismiss / North Carolina

Posted by: Kerry L. Jones

Court Denies Asbestos Committee’s Motion for Leave to Appeal Bankruptcy Court’s Denial Order Regarding George-Pacific

Court: United States District Court for the Western District of North Carolina, Charlotte Division

As previously reported here in the Asbestos Case Tracker, in 2017 Bestwall LLC became solely responsible for all asbestos-related liabilities of Georgia-Pacific LLC following a divisional merger. After the restructuring, Bestwall filed a voluntary petition for chapter 11 bankruptcy in the Western District of North Carolina to resolve asbestos-related claims against it by way of a trust under 524(g) of the Bankruptcy Code. The Bankruptcy Court subsequently approved the appointment of …

October 12, 2023 Motion to Dismiss / New York / Personal Jurisdiction

Posted by: Quincy Conrad

Glove Manufacturer’s Renewed Motion to Dismiss Based Upon Lack of Personal Jurisdiction Denied

Court: Supreme Court of New York, New York County

Defendant Steel Grip Inc. (SGI) filed a renewed motion to dismiss following the completion of jurisdictional discovery on the basis that it lacked any connection to the State of New York.

In order to find personal jurisdiction, a court must determine whether general or specific jurisdiction exists over a given defendant. A court has general jurisdiction over a defendant where that defendant is “at home,” the state in which a company is incorporated or has its …

August 24, 2023 Failure to State a Claim / Motion to Dismiss

Posted by: Kerry L. Jones

Boiler Manufacturer’s Motion to Dismiss Denied

Court: Supreme Court of New York, New York County (NYCAL)

In this asbestos action, boiler defendant Burnham LLC was sued for a variety of claims, including failure to warn, loss of consortium, and punitive damages. Burnham moved to dismiss the claims, arguing the plaintiff failed to plead with particularity.

A motion to dismiss for failure to state a claim “will generally depend upon whether or not there was substantial compliance with CPLR 3013”; that is, if the allegations are not “sufficiently particular to give the …

July 28, 2023 Motion to Dismiss / New York

Posted by: Elizabeth M. Lautenbach

Door Manufacturer’s Motion to Dismiss Denied

Court: Supreme Court of New York, New York County

In this asbestos action, defendant T.M. Cobb moved to dismiss plaintiff James Witte’s complaint against them for lack of personal jurisdiction. T.M. Cobb argued that it did not have connections to New York as it did not sell products, nor conducted business, in New York State. In support of its motion, T.M. Cobb relied on the deposition testimony of Jeffrey Cobb. Plaintiff opposed T.M. Cobb’s motion, contending that Witte identified working with T.M. Cobb doors in …

July 6, 2023 Motion to Dismiss

Posted by: Quincy Conrad

Various Defendants’ Motions to Dismiss Granted for Failure to Identify Specific Product

U.S. District Court for the Eastern District of Missouri, Eastern Division

As previously reported by the Asbestos Case Tracker, decedent Gustave Sahm died from lung cancer allegedly caused by asbestos exposure from 1956 to 2020 while serving in the Navy and working at various jobs throughout his career. His heirs filed suit in the Circuit Court of the City of St. Louis in January 2023, alleging claims of wrongful death including the following four counts against all defendants: strict liability, negligence, willful and wanton misconduct …

June 8, 2022 Motion to Dismiss / Personal Jurisdiction

Posted by: Kerry L. Jones

First Department Reverses Denial of Valve Manufacturer’s Motion to Dismiss

Supreme Court of New York, Appellate Division, First Department, June 7, 2022

In this asbestos case, Crosby Valve LLC (“Crosby”) appealed a June 2021 decision from the New York Supreme Court, New York County, which denied its motion to dismiss for lack of personal jurisdiction. By way of background, George Seger, III (“Plaintiff”) allegedly developed colon cancer, which he attributed to his exposure to asbestos during his naval service, specifically from working on boilers onboard the USS Hepburn. The plaintiff alleged that he worked …

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May 20, 2022 Motion to Dismiss / New York

Posted by: Susan E. Van Gelder

Court Grants Equipment Manufacturer’s Motion to Dismiss for Lack of Personal Jurisdiction and Denies Plaintiffs’ Request for Jurisdictional Discovery

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 products, including brakes changed in his presence on Bridgeport machines. All of Mr. Gaub’s work with and around Bridgeport products occurred in Pennsylvania and Ohio. Mr. Gaub was diagnosed with …