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New York Holds its Position as a “Judicial Hellhole” in 2024

Perhaps unsurprisingly, New York City — and New York City Asbestos Litigation or NYCAL — continues to hold its position as a judicial hellhole in 2024.

However, New York City was once ranked second; it is now ranked third, so perhaps this can be considered an improvement. The 2023-2024 Judicial Hellholes report is intended to shine a spotlight on nine jurisdictions that have earned reputations as Judicial Hellholes for various reasons.

As of July 2023, asbestos litigation filings increased more than 30 percent year over …

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Summary Judgment Granted to Oven Manufacturer on Causation in NYCAL

Court: Supreme Court of New York, New York County

In this action, plaintiff June Savianeso alleges that decedent Michael Savianeso was exposed to asbestos from the products of various defendants.

Decedent passed away without giving deposition testimony. Subsequently, decedent’s brother, James, provided seven days of testimony. As pertinent to this motion, James testified that he worked as a pizza maker at a pizzeria in New Jersey for approximately 30 hours per week from June to August during the summers of 1976 and 1977. James mainly …

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Boiler Manufacturer’s Motion for Partial Summary Judgment re: Punitive Damages Denied

Supreme Court of New York, New York County

In this asbestos action, defendant Burnham, LLC moved for partial summary judgment to dismiss the plaintiff’s punitive damages claim on the basis that any alleged asbestos exposure from Burnham boilers would fall below TLV or PEL/OSHA limits, and that Burnham did not have workers’ compensation claims for asbestos-related disease.

The court, however, determined that “Burnham has plainly not met their burden at summary judgment.” According to the court, TLV/OSHA standards have “little bearing on plaintiff’s unequivocal and …

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District Court Denies Aviation Defendant’s Motion for Summary Judgment

Jurisdiction:  United States District Court for the Southern District of Florida

Decedent John McCabe died from malignant epithelioid mesothelioma in January 2023, following a career as an aircraft mechanic. His estate initiated this action, alleging strict products liability and negligence against dozens of defendants, including Curtiss-Wright. Curtis-Wright moved for summary judgment, arguing that plaintiff failed to submit any evidence to support the claim the decedent was exposed to asbestos from working on or around its products.

Summary judgment is appropriate when “The movant shows that there is …

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Pump Manufacturer Obtains Summary Judgment on Causation

Jurisdiction: United States District Court for the Middle District of North Carolina

Marshall E. Pike worked in the farm-equipment manufacturing and maintenance field for the duration of his 55-year career. This included performing maintenance on fertilizer spreader and sprayer pumps at multiple companies. In September 2021, Pike was diagnosed with mesothelioma and commenced this action. His estate continued the action and added a wrongful death claim following his June 2023 death. Plaintiffs alleged the decedent’s handling of asbestos gasket material on Defco pumps contributed to his illness. Defco moved for …

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Motion to Dismiss Damages under Maritime Law Granted in Part

Jurisdiction: United States District Court for the Central District of California

In this action, the plaintiffs filed suit on behalf of the decedent, William Banks, in Los Angeles County Superior Court and thereafter removed the case to federal court. The plaintiffs pursued survival and wrongful death causes of action based on Banks’ alleged exposure to asbestos while serving in the United States Navy, and subsequent death from epithelial mesothelioma. Banks served as a machinist mate aboard several ships in the U.S. Navy from 1961 to …

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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. …

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The law concept background.

Boiler Manufacturer’s Motion for Summary Judgment Denied

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

In this asbestos action, plaintiff Thomas Bassier alleged that he suffered injury as a result of exposure to asbestos-containing products manufactured by various companies during his time employed as an electrician. In response, one of the defendants, Burnham, LLC, filed a motion for summary judgment arguing that the plaintiff failed to establish exposure to any alleged asbestos-containing products manufactured by Burnham.

To succeed on summary judgment, a moving defendant must “affirmatively prove, as a matter of …

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Motion for Partial Summary Judgment of Regulator Manufacturer Denied

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

Plaintiff John B. Daly, Jr. worked as a mechanic for Consolidated Edison Company from 1976 to 2012. He alleged exposure to asbestos-containing gaskets affiliated with regulators manufactured by Fisher Controls International LLC during this period.

Fisher filed a motion for partial summary judgment, denying liability as they did not manufacture, sell, supply or otherwise recommend the use of asbestos-containing gaskets. In support of their motion, Fisher cited the New York Court of …

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Fifth Circuit Affirms District Court Decisions Excluding Appellants’ Experts Reports and Granting Summary Judgment

Court: United States Court of Appeals for the Fifth Circuit

Plaintiff Harry Marsh worked as a merchant mariner from 1944 to 1992. He was diagnosed with mesothelioma in 2018 and subsequently sued the owner of every vessel he worked on over his lengthy career. Defendants included appellees Chas Kurz & Co. Inc., Chiquita Brands International Inc., Farrell Lines, individually and as successor in interest to American Export Lines Inc., and National Bulk Carriers, Inc. (“appellees”). 

Plaintiff brought his action under the Jones Act and claimed the asbestos …

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