Author: Andrew Scholz

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Delaware
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Delaware Superior Court: Decedent’s Exposure Affidavit Admissible

Superior Court of Delaware, New Castle, July 1, 2020

A Delaware lower court has determined that an affidavit signed by a deceased plaintiff is admissible under that state’s “residual exception” to hearsay rules. Specifically, in Ogg, the plaintiff signed an affidavit regarding his work history prior to being hospitalized for end stage pulmonary fibrosis. After being discharged from the hospital, and about two weeks prior to his deposition, the plaintiff signed a second affidavit. The plaintiff passed away two days prior to a scheduled deposition. …

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Other Asbestos News
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NYCAL Justice Peter Moulton Issues New CMO

On June 20, 2017, NYCAL Justice Peter Moulton issued a new case management order (New CMO) and an accompanying case management decision (the Decision). As the Decision states, the court’s New CMO follows from a 2014 decision from prior NYCAL Justice Heitler as to whether punitive damages should continue to be deferred in NYCAL.

After negotiations to craft a new CMO failed, Judge Moulton decided to issue the New CMO without consent of the parties. The Decision acknowledges that many of the new provisions “differ[] …

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Case Decisions / New York / Significant Verdicts
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New York Appellate Court Determines Causation Evidence Was Insufficient to Support Verdict in Mesothelioma Matter

In a significant decision concerning the causation standards in asbestos matters, on February 28, 2017, the Appellate Division, First Department in a 3-1 decision, affirmed the trial court’s decision to vacate an $11 million jury verdict against an automotive manufacturer.

By way of background, in Juni v. Ford Motor Company, Index Number 190315/12, plaintiff alleged that his mesothelioma diagnosis was caused by exposure to asbestos while working with various automotive parts (i.e., brakes, clutches and gaskets). Those products were alleged to contain …

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Case Decisions / New York / Summary Judgment
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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 bystander and by cleaning them. He did not specifically describe their pumps’ composition, but claimed that he scraped asbestos-containing packing from the jackets. He further testified that many of the …

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Case Decisions / Consolidation / New York
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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 article analyzed verdicts in association with consolidated trials in NYCAL.

In denying the motion to quash, the court began its opinion by noting that the Defendants “concede[d] that [the …

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