Author: Jessica N. Reich

Business and lawyers discussing contract papers with brass scale on desk
Defense Verdict
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Jury Returns Verdict for American Honda in Asbestos Brakes Case

Jurisdiction: Calif. Super., Los Angeles Co.

Plaintiff Jose Estrada filed suit alleging exposure to asbestos from a variety of products, including automobile parts during his employment at a tire store. Mr. Estrada was diagnosed with mesothelioma, and brought the instant suit, along with his wife, Isabel, who claimed loss of consortium. Jose Estrada claimed that his exposure was in part from brake assemblies manufactured by American Honda and sold at the tire store. Plaintiff alleged strict liability, design defect, failure to warn and negligence as …

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Summary Judgment
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Union Carbide Prevails in Rare Rhode Island Asbestos Trial

Plaintiff Bonito brought this asbestos action based on her diagnosis of, and eventual passing from, mesothelioma.

Plaintiff alleged exposure from laundering her husband’s clothes from approximately 1966 to the1990s. Mr. Bonito worked at various jobs during that time.

There were two defendants who took the case to trial. Union Carbide and Graybar Electric Co. Inc. made motions to exclude the plaintiff’s experts, which were subsequently denied. Despite the adverse ruling on the motion, the case went to trial against Union Carbide.

After nine days of …

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Business and lawyers discussing contract papers with brass scale on desk
Conclusory Affidavit / Conflicting Testimony / Prima Facie Evidence for Summary Judgment
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Plaintiff’s Testimony and Defendant’s Affidavit Conflict, Summary Judgment Denied

Court: Supreme Court of New York, Albany County

Plaintiff Warren Stouch brought this asbestos action in February 2020, claiming he was exposed to asbestos at his jobs, including through the use and wear of asbestos containing gloves allegedly manufactured by Magid Glove.  

Discovery was exchanged and, importantly, Mr. Stouch was deposed. He testified he recalled wearing and cleaning asbestos containing kitchen gloves, which created dust, at two jobs — from 1957-1959 and from 1981-1989. He testified the gloves were made by Magid based on the logo …

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Motion to Dismiss
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New York Law Applied for Service Standard in Case Where Wisconsin Law Applied in Part

In the recent Agnew decision, the court had to decide on National Tinsel’s motion to dismiss. National Tinsel is an artificial snow company incorporated in Wisconsin which was being sued in New York. National Tinsel filed for corporate dissolution, which began in June 2021 when it was published for state-wide circulation. Per Wisconsin statute, this publication began the running of a 2-year period in which all claims must be filed, which would close on June 26, 2023. Plaintiffs in the New York action filed their …

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Business and lawyers discussing contract papers with brass scale on desk
Verdict
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Auto Parts supplier obtains defense verdict at trial

California Superior Court, Alameda County

Decedent Gene Hankes Sr. passed away of mesothelioma at 85 years old. His estate brought this action against various brake manufacturers and auto-parts suppliers. At the time of trial, the only remaining defendant was O’Reilly Auto Enterprises LLC, an auto parts supplier. Each side presented their case, with experts. A California jury returned a defense verdict on behalf of O’Reilly after trial. They held that O’Reilly was not negligent in selling Bendix brakes, despite the notion that the brakes didn’t …

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