Author: Keani A. Christian

judge's gavel and books
Appeal / Summary Judgment
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Appellate Court Affirms Denial of Appellant’s Motion for Summary Judgment

Jurisdiction: Court of Appeals of Minnesota

Appellant Westrock Minnesota Corporation f/k/a Waldorf Corporation (Waldorf), challenged the district court’s ruling, denying summary judgment on respondent’s asbestos-related claims. Appellant argued the asbestos related claims are barred by the exclusivity provision of the Workers’ Compensation Act (WCA), Minn. Stat. § 176.031.

In 2023, respondent Allan N. Anderson Jr. was diagnosed with mesothelioma. On March 30, 2023, he filed a complaint against 34 separate defendants, including Waldorf alleging that exposures to asbestos via products manufactured, sold, or distributed by defendants caused his …

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Courtroom, Gavel And Law Books
Asbestos Litigation Analysis
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Judicial Hellholes: 2024-2025 Executive Summary

The 2024-2025 Judicial Hellholes report shines its brightest spotlight on 10 jurisdictions that have earned reputations as Judicial Hellholes. Asbestos litigation continues to be a trend within numerous jurisdictions. Specifically, it appears we can continue to count on asbestos litigation in various jurisdictions making the Judicial Hellhole list due to abusive filings and plaintiff-friendly judges and jurisdictions.

New York remains high on the list with South Carolina following closely behind and Cook County, Illinois, and St. Louis, Mo., placing within the Top 10. 

As a …

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New York / Summary Judgment
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Court Denies Valve Manufacturers Summary Judgment Motion

Supreme Court of New York, New York County

Plaintiff Raymond Lee, as administrator for the estate of the decedent, Jim Lee filed a lawsuit in the Supreme Court of New York, New York County alleging decedent was exposed to asbestos from his’s employment working around various products. Defendant, Crosby Valves, filed a motion for summary judgement to dismiss the claims against them.

A court must grant summary judgment if the movant establishes its claim “as a matter of law” and no “issue of fact” warranting …

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Courtroom, Gavel And Law Books
New York / Summary Judgment
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Court Denies Valve Manufacturer’s Summary Judgment Motion

Supreme Court of New York, New York County

In this asbestos action, Plaintiff Jane E. Wixted, as executrix for the estate of the decedent, Thomas N. Wixted (“Decedent”) filed a lawsuit in the Supreme Court of New York, New York County allegingDecedent was exposed to asbestos from his employment working around various products. Defendant, Crosby Valves, filed a Motion for Summary Judgement to dismiss the claims against them.

A court must grant summary judgment if the movant establishes its claim “as a matter of law” …

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Motion to Dismiss / Pennsylvania
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Court Rules Pro Se Plaintiff’s Deliberate Indifference Claim Actionable

Jurisdiction: United States District Court for the Middle District of Pennsylvania

This is a prisoner civil-rights case filed pursuant to 42 U.S.C. § 1983, regarding the conditions of confinement in Huntingdon State Correctional Institution (SCI-Huntingdon). The case was originally filed as a putative class action by three individual pro-se plaintiffs on behalf of a class of Huntingdon State Correctional Institution inmates. The court dismissed the class complaint and granted the remaining individual plaintiffs, Bobby Kenneth Williamson and Antonio Bundy, leave to amend their individual claims. They filed two …

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Asbestos Litigation Analysis
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South Carolina Asbestos Litigation Moves Up in its Position on the 2023/2024 Judicial Hellholes List

Since its initial appearance on the Judicial Hellholes list in 2020, South Carolina asbestos litigation continues to move up. South Carolina has earned a reputation for bias against corporate defendants, unwarranted sanctions, low evidentiary requirements, liability expanding rulings, unfair trials, severe verdicts, a willingness to overturn or modify jury verdicts to benefit plaintiffs, and frequent appointment of a receiver to maximize recoveries from insurers.

As described in the 2023/2024 Judicial Hellholes report, the2024 asbestos litigation filings are overall 8% higher with 153 more lawsuits filed …

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Motion for Summary Judgment
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Plaintiff Opposes and Succeeds on Defendant’s Motion for Summary Judgment

Jurisdiction: Supreme Court of New York, New York County

Defendant Kennedy Electrical Supply Corp. moved for summary judgment seeking to dismiss this action on the grounds that plaintiff was not exposed to asbestos from any Kennedy products during his employment with Con Edison from 1963 through 2005.

Specifically, Kennedy argued that because plaintiff recanted his identification of Kennedy as an asbestos-containing product during his deposition, plaintiff could not establish causation. Plaintiff opposed, arguing that Kennedy failed to meet their prima facie burden on causation that exposure to Kennedy’s products …

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Motion for Summary Judgment
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Valve Manufacturer Fails to Meet Burden for Summary Judgment

Jurisdiction: Supreme Court of New York, New York County

Defendant Atwood & Morrill Co. Inc. moved for summary judgment to dismiss this action on the grounds that plaintiff Giuseppe Rullo was not exposed to asbestos-containing pumps manufactured by Atwood during the course of his work at Con Ed from 1969 to 1979. 

Specifically, defendant’s motion rested upon challenging plaintiffs’ evidence implicating defendant Atwood as a manufacturer of asbestos-containing pumps. Defendant argues that it only manufactured valves, not pumps. Plaintiffs opposed the motion on the basis of depositions …

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Wooden judge gavel, close-up view.
Asbestos Litigation Analysis
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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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New York / Summary Judgment
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Valve Manufacturer Succeeds on Motion for Summary Judgment

Jurisdiction: Supreme Court of New York, New York County

Plaintiff filed this lawsuit alleging decedent suffered asbestos exposure from numerous product manufacturers during the course of his employment as a mechanic for Con Ed from 1974 to 2012. Prior to his passing, decedent was deposed. Defendant Crosby Valves filed a motion for summary judgment on the grounds that decedent was not exposed to asbestos from any Crosby product. Specifically, the defendant referenced decedent’s testimony regarding the use of flange gaskets in connection with Crosby valves, …

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