Law theme. Judge chamber.

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 …

Continue Reading
Wooden judge gavel, close-up view.

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 …

Continue Reading
Wooden judge gavel, close-up view.

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 …

Continue Reading
The law concept background.

Valve Manufacturer Succeeds on Motion for Summary Judgement

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, …

Continue Reading
Courtroom, Gavel And Law Books

Court Denies Post-Trial Motions Following Plaintiff’s Verdict

Supreme Court of New York, New York County; August 28, 2023

This matter involved plaintiff James McWilliams, who worked as a steamfitter from 1960 until his retirement in 1996. He claimed that his work consisted of installing heating, air conditioning, and sprinkler systems, including the installation of new piping systems and the renovation of existing systems. This work, he alleged, required him to install, maintain, and repair valves, some of which he identified as Jenkins. In September 2018, the plaintiff was diagnosed with mesothelioma and, …

Continue Reading
Wooden judge gavel, close-up view.

Court Denies Defendant’s Motion for Summary Judgment

Jurisdiction: Supreme Court of New York, New York County

In this matter, Rockwell Automation, Inc. sought to dismiss the action against them on grounds that the plaintiff was not exposed to asbestos from burners manufactured by its predecessor, Timken-Detroit Axle Company.

When it comes to making a determination as related to a summary judgment motion, the court’s role is “issue-finding, rather than issue-determination.” Sillman v Twentieth Century-Fox Film Corp., 3 NY2d 395, 404, 144 N.E.2d 387, 165 N.Y.S.2d 498 (1957) “The proponent of a summary …

Continue Reading