Elizabeth Lautenbach Adams, Author at Asbestos Case Tracker

October 20, 2023 California / Summary Judgment

Talc Defendant Denied Summary Judgment and Summary Adjudication

Court: Superior Court of California, County of Los Angeles

In this action, defendant Vanderbilt Materials LLC moved for summary judgment of the plaintiffs’ claim that plaintiff Roberto Gonzalez was exposed to asbestos in the defendant’s talc. Ultimately, the court denied the motion.

Under California law, “[a] defendant seeking summary judgment must conclusively negate a necessary element of the plaintiff’s case, or demonstrate that under no hypothesis is there a material issue of fact that requires the process of trial.” In response to a special interrogatory …

October 13, 2023 New York / Summary Judgment

Posted by: Elizabeth Lautenbach Adams

Valve Manufacturer Denied Summary Judgment in NYCAL

Court: Supreme Court of New York, New York County

In this asbestos action, defendant Crosby moved for summary judgment on duty to warn and causation grounds. Plaintiff Joseph Deroy opposed the motion.

Ultimately, the court denied the motion. The court first noted that “summary judgment is a drastic remedy and should only be granted if the moving party has sufficiently established that it is warranted as a matter of law.” In addition, “summary judgment is rarely granted in negligence actions unless there is no conflict at …

October 13, 2023 New York / Summary Judgment

Posted by: Elizabeth Lautenbach Adams

NYCAL Judge Finds Jurisdiction Over Automotive Defendant and Denies Summary Judgment

Court: Supreme Court of New York, New York County

In this asbestos action, defendant Western Auto moved to dismiss for lack of personal jurisdiction and for summary judgment. Plaintiff Winfield Frederick opposed both motions. Ultimately, the court denied both motions.

With regard to the motion for personal jurisdiction, the court set forth that the defendant “did not even allege that it does not have contacts with the State of New York, and it is undisputed that defendant Western placed products into the stream of commerce.” …

October 13, 2023 New York / Summary Judgment

Posted by: Elizabeth Lautenbach Adams

Gasket Manufacturer Denied Summary Judgment in NYCAL

Court: Supreme Court of New York, New York County

In this asbestos action, defendant Goodyear moved for summary judgment, arguing that asbestos exposure from its sheet gaskets could not have caused plaintiff Robert Waldon’s lung cancer. In support, Goodyear submitted the expert reports of CIH John Spencer and Dr. Robert Sussman. In opposition, plaintiff submitted its own expert reports from CIH Kenneth Garza and Dr. Mark Ginsburg.

Ultimately, the court denied the motion. The court first noted that “summary judgment is a drastic remedy and …

October 6, 2023 Summary Judgment

Posted by: Elizabeth Lautenbach Adams

Defendant’s Motions for Summary Judgment Denied

Supreme Court of New York, New York County

In three asbestos actions (Learmond, Nale, and Torio), a caulk defendant moved for summary judgment, arguing that the respective plaintiffs’ claims regarding the asbestos content of the caulk and that the plaintiffs failed to meet the causation standard. In opposition, plaintiffs contend that the defendant failed to offer any evidence to show that its products could not have caused an asbestos-related illness.
Ultimately, the court denied the defendant’s motions. The court first noted that “summary judgment is …

October 6, 2023 Motion for Reconsideration / Summary Judgment

Posted by: Elizabeth Lautenbach Adams

Flooring Defendant Denied Renewal of Two Previous Summary Judgment Decisions

Supreme Court of New York, New York County

In two asbestos actions (Avakian and Layton), defendant Mannington Mills moved to renew its summary judgment motion. Mannington contends that there was a subsequent change in the law that necessitates reversal of the court’s previous denial of two summary judgment motions. Mannington argues that the plaintiff’s expert failed to quantify the respective plaintiff’s asbestos exposure. Mannington also argues that the court failed to require the expert to set forth a specific quantification of the amount …

September 29, 2023 California / Federal Officer Removal

Posted by: Elizabeth Lautenbach Adams

Plaintiff’s Motion to Remand Case Removed under Federal Officer Removal Statute Denied

In this asbestos action, plaintiff Michael Marcus alleged that he developed mesothelioma from working with or around asbestos-containing products while serving in the United States Navy. The plaintiff brought claims of design defect and failure to warn against numerous defendants. Defendant Greene Tweed removed this case to federal court under the federal officer removal statute. The plaintiffs moved to remand the case to state court.

Under the federal officer removal statute, doubt is construed in favor of removal. A state court case may be removed …

September 22, 2023 New York

Posted by: Elizabeth Lautenbach Adams

NYCAL Judge Grants Joint Trial of Two Asbestos Cases

Jurisdiction: Supreme Court of New York, New York County

In this asbestos action, plaintiffs seek to join the Munna and LaMonica cases for joint trial. First, the court noted that the NYCAL CMO provides that two cases may be joined for joint trial if the plaintiffs can meet the Malcolm factors. However, the plaintiffs do not need to meet all of the factors for the court to join the cases for trial. The Malcolm factors include:

(1) common worksites;

(2) similar occupation;

(3) similar time …

August 25, 2023 California / Personal Jurisdiction

Posted by: Elizabeth Lautenbach Adams

Plaintiffs’ Fraud and Loss of Consortium Claims in Shipyard Action Dismissed; Various Other Claims Remain

U.S. District Court for the Southern District of California

In this asbestos action, decedent Dennis Freeman worked as an insulation contractor at shipyards in several states, including California, from approximately 1980 into the mid-1990s. Several defendants moved to dismiss certain claims in the plaintiffs’ complaint, as well as moved to dismiss the plaintiffs’ complaint in its entirety.

Defendant BAE Systems San Diego Ship Repair Inc. (BAE) challenged the court’s subject-matter jurisdiction of this action. However, drawing all reasonable inferences in the plaintiffs’ favor, the court disagreed. …

August 18, 2023 New York

Posted by: Elizabeth Lautenbach Adams

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 …