New York Archives - Page 4 of 27 - Asbestos Case Tracker

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Talc Manufacturer’s Removal Motion Denied Joinder; Case Remanded to State Court

Jurisdiction: United States District Court for the Southern District of New York; September 18, 2023

Plaintiff Ann Greenberg’s asbestos-related lawsuit against defendants Johnson & Johnson and Kolmar Laboratories asserts that she contracted an asbestos-related disease from her use of Johnson’s Baby Powder, whichshe alleged contained asbestos-contaminated talc.

Johnson & Johnson filed a motion to remove the action to federal court on August 27, 2021, invoking diversity jurisdiction pursuant to 28 U.S.C. § 1332(a). Plaintiff opposed, and Johnson & Johnson filed a timely reply alleging the …

September 20, 2023 New York / Summary Judgment

Posted by: Jillian E. Madison

Defendant Denied Summary Judgment on Punitive Damages for Failure to Provide Case-Specific Support

Jurisdiction: Supreme Court of New York, New York County

Plaintiff Kevin Burns filed an asbestos-related lawsuit against numerous defendants, including Burnham, testifying that while he worked as a plumber he was exposed to asbestos insulation and rope from the removal and installation of Burnham boilers from approximately 1958 to the early 1980s.

Burnham moved for summary judgment on plaintiff’s punitive-damages claim, arguing that plaintiff failed to establish Burnham’s conduct rose to the level of egregious and morally culpable conduct necessary for an award of punitive damages. …

September 20, 2023 New York / Summary Judgment

Posted by: Jillian E. Madison

ALCOA Denied Summary Judgment Where Question of Fact Exists

Jurisdiction: Supreme Court of New York, New York County

This action was filed on behalf of decedent, Kenneth Last, alleging he was exposed to asbestos while working for general contractor, ALCOA Inc., n/k/a ARCONIC Inc., at the World Trade Center during the 1970s. ALCOA filed a motion for summary judgment arguing the fire-proofing material used at the World Trade Center during decedent’s employment was non-asbestos containing.

The court notes that summary judgment is a drastic remedy and should only be granted if the moving party …

August 29, 2023 Motion for Summary Judgment / New York

Posted by: Keani A. Christian

Court Denies Defendant’s Motion for Summary Judgment

Jurisdiction: Supreme Court of New York, New York County

In this matter, Rockwell Automation, Inc. sought to dismiss the action against them on grounds that the plaintiff was not exposed to asbestos from burners manufactured by its predecessor, Timken-Detroit Axle Company.

When it comes to making a determination as related to a summary judgment motion, the court’s role is “issue-finding, rather than issue-determination.” Sillman v Twentieth Century-Fox Film Corp., 3 NY2d 395, 404, 144 N.E.2d 387, 165 N.Y.S.2d 498 (1957) “The proponent of a summary …

August 18, 2023 New York

Posted by: Elizabeth M. Lautenbach

Defendant’s Attempt to Obtain Tissue Sample for Digestion Testing Denied

Court: Supreme Court of New York, New York County

In this asbestos action, plaintiff Almando Rodney underwent a pleurectomy. Defendant Mercedez-Benz USA LLC (MBUSA) moved to seek an out-of-state subpoena in order to retrieve a portion of Rodney’s tissue sample from a Florida hospital. MBUSA also moved to permit its expert to perform digestion studies on the tissue block.

The plaintiff opposed on two grounds. Plaintiff noted that the Note of Issue had been filed. In addition, the plaintiff submitted an affidavit from Rodney’s treating …

August 8, 2023 New York / Summary Judgment

Posted by: Jillian E. Madison

Judge Finds Question of Fact Regarding Boiler Manufacturer’s Warnings; Denies Motion for Summary Judgment as to Punitive Damages

Jurisdiction: Supreme Court of New York, New York County

In this asbestos-related lawsuit, the plaintiff alleged he was exposed to asbestos while working with, and around, boilers manufactured by defendant, Burnham, from 1961 to 1999.

Burnham filed a motion for partial summary judgment as to punitive damages, arguing the plaintiff failed to establish that Burnham’s conduct rose to the level of egregious and morally culpable conduct necessary for an award of punitive damages. According to Burnham, any exposure to asbestos by plaintiff through Burnham boilers were below …

July 28, 2023 New York / Summary Judgment

Posted by: Quincy Conrad

Power Companies’ Motion for Summary Judgment Denied

Court: Supreme Court of New York, New York County

Long Island Lighting Company (LILCO) is a subsidiary of Long Island Power Authority (LIPA). LIPA was created “to remedy LILCO’s conduct as a private electric provider” by closing LILCO’s Shoreham Nuclear Power Station — where the plaintiff-decedent was allegedly exposed to asbestos — and saving LILCO customers money by reducing utility costs.

LIPA and LILCO moved for summary judgment on that basis that the plaintiff failed to (1) bring their claims within the statute of limitations …

July 28, 2023 New York / Summary Judgment

Posted by: Elizabeth M. Lautenbach

Supplier’s Motion for Summary Judgment on Causation Denied

Court: Supreme Court of New York, New York County

In this asbestos action, defendant Dykes Lumber moved for summary judgment, arguing it established a prima facie case for lack of causation under Nemeth v. Brenntag. Plaintiff Raphael Sason opposed the motion.

First, the court set forth the summary judgment standard, including that “the proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to eliminate any material issues of fact …

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 21, 2023 New York

Posted by: Elizabeth M. Lautenbach

NYCAL Judge Grants Joint Trial of Three Asbestos Cases

Court: Supreme Court of New York, New York County

In this asbestos action, plaintiff’s counsel filed an order to show cause to join three cases for one joint trial: Cinfo, Morie, and Toscani. Defendants opposed the order to show cause. In NYCAL, the controlling case to determine whether cases should be joined for trial is Malcolm v. National Gypsum. Under Malcolm, the following factors are used to determine whether joinder is appropriate, including:

(1) common worksites;

(2) similar occupation;

(3) similar …