Author: Elizabeth Lautenbach Adams

judge's gavel and books
Asbestos Litigation Analysis
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Mid-Year Asbestos Filing Update for 2023

On Thursday, KCIC posted their 2023 Mid-Year Asbestos Filings Update. This update is compiled using information collected through July 31. Here are some highlights from the update:

Asbestos-Related Lawsuits Increase After Last Year’s Decrease

The number of asbestos-related lawsuits decreased from 2021 (1,972) to 2022 (1,922). However, 2023 shows an increase in the number of filings over the same span (1,963). In addition, the number of filings in 2023 is down from the high point of the last five years in 2019 (2,191).  …

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The law concept background.
New York / Summary Judgment
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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 …

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Motion to Dismiss / New York
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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 …

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Business and lawyers discussing contract papers with brass scale on desk
New York
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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 …

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judge's gavel and books
New York / Summary Judgment
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Automotive Parts Supplier’s Motion for Summary Judgment Denied

Court: Supreme Court of New York, New York County

In this asbestos action, plaintiff Joseph Munna alleged asbestos exposure from his work as an automobile mechanic from the 1970s until the 1990s. During this time, he alleged that he obtained asbestos-containing parts from Advance Auto.

Advance moved for summary judgment, contending that Munna was not present or involved in the ordering of any products from Advance. Advance also contended that they did not operate in two areas during the time where Munna claimed to have …

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Law theme. Judge chamber.
New York / Summary Judgment
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Water Heater Manufacturer Denied Summary Judgment as Corporate Representative Affidavit Deemed Insufficient

Court: Supreme Court of New York, New York County

In this asbestos action, decedent Christopher Yohe alleged exposure to asbestos from Bradford White water heaters while working as a plumber from the 1980s to the 2000s. Bradford White moved for summary judgment, arguing the water-heater parts identified by Yohe did not contain asbestos. Bradford White submitted an affidavit in support of its motion. Plaintiff opposed this motion on the grounds that Bradford White’s affidavit was insufficient to meet Bradford White’s burden. In addition, Bradford White …

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Summary Judgment
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Plaintiff’s Action for Mesothelioma Barred by Res Judicata Due to Language in Prior Release

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

In this asbestos action, decedent Felton Robichaux alleged occupational exposure to asbestos at the Avondale Shipyards from 1961 until 1979. Robichaux filed the first complaint in Civil District Court for the Parish of Orleans in October 1999. Robichaux settled his claims with multiple defendants, including General Electric, IMO, and Viacom (Cross Defendants).

Thereafter, Robichaux developed mesothelioma and filed a second complaint in January 2022. The plaintiff directly sued several defendants, including General Electric, Viacom, and Avondale …

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The law concept background.
Appeal / New York
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Appeals Court Affirms NYCAL Judge’s Denials of Motions to Dismiss on Successor Liability Grounds

Court: Supreme Court of New York, Appellate Division, First Department

Defendant P.B. Heat previously moved to dismiss multiple complaints in New York City Asbestos Litigation (NYCAL) cases. NYCAL Coordinating Judge Adam Silvera denied each of these motions. Asbestos Case Tracker covered one of Judge Silvera’s previous decisions where he denied P.B. Heat’s motion in the Catapano matter. P.B. Heat appealed the multiple denials to dismiss.

The court discussed two arguments on appeal. First, P.B. Heat contended that there were no factual allegations setting forth the …

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Business and lawyers discussing contract papers with brass scale on desk
Appeal / Louisiana
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Jury Award of $36 Million Affirmed against Contractor

Court: Court of Appeal of Louisiana, Fourth Circuit

In this asbestos action, plaintiff William Walker alleged asbestos exposure from working as a pipefitter and welder for Level 3 Holdings Inc. f/k/a Peter Kiewit & Sons, Co. (“Level 3”) from 1967 until 1970. During this time, he worked at the Union Carbide Plant, Waterford I, and Waterford II. This case proceeded to trial in May 2022 where the jury found for the plaintiff and awarded damages in the amount of over $36 million dollars. In July …

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Courtroom, Gavel And Law Books
Delaware
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Delaware Court Applying Ohio law Upholds Duty to Warn on Brake Grinding Machine Defendant

Court: Superior Court of Delaware, New Castle

In this asbestos action, decedent Donald Jordonek used brake lathes and grinders manufactured by AMMCO while working at a tire center in Ohio from 1972 until 1999. The plaintiff sued defendant Hennessy as a predecessor-in-interest to AMMCO. Although this court is venued in Delaware, the court determined that Ohio substantive law applied to this matter. Hennessy filed a motion for summary judgment, arguing that it did not have a duty to warn the plaintiff as the AMMCO equipment …

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