Oded Burger

All articles by Oded Burger

 

NYCAL Judge Rejects Causation Challenge; Reduces $75 Million Verdict to $17,250,000

NEW YORK — Late Thursday night, NYCAL Justice Joan Madden issued a long awaited post-trial motion decision in Robaey v. Air and Liquid Systems, et al, NYCAL Index No. 190276/13, previously reported by ACT here. In January of 2017, a New York City jury returned a record setting $75 Million verdict, comprising $50 Million for plaintiff, Ms. Marlena F. Robaey ($40 Million in Past Pain and Suffering and $10 Million in Future Pain and Suffering), and $25 Million for derivative plaintiff, Mr. Edward…  

New York’s Highest Court Set to Hear First Asbestos Causation Challenge

NEW YORK — The New York Court of Appeals has set oral argument for October 16th, 2018 in Matter of NYC Asbestos Litig. (Juni v A.O. Smith). Since 2006, the Court of Appeals has weighed in three times[i] on the applicable causation standards in toxic tort cases, but Juni is the first asbestos related appeal to reach the high court. In this article, we provide a primer on the case and share a few thoughts about what to look for when…  

Notice of Claim Provisions Bar Jurist’s Asbestos Claims Against Municipality

TEXAS — Judge James Farris spent almost his entire legal career, until retiring in December of 1996, in the Jefferson County courthouse, which included a period of asbestos remediation at the courthouse, during which he was allegedly exposed to asbestos. Judge Farris developed mesothelioma in October of 2004 and tragically passed away just nine days after he first sought medical treatment. Judge Farris’s widow, Ellarene Farris, asserted wrongful death and survival causes of action against numerous entities, including Jefferson County, in its capacities as premises…  

Insulation Supplier Denied Summary Judgement Based On Residual Market Place Arguments

NORTH CAROLINA — The plaintiff brought suit against a dozen entities alleging her decedent’s exposure in the tire curing room of the Firestone factory in Wilson, North Carolina from 1975 to 1995. The plaintiff alleged that Covil Corporation was the supplier of asbestos containing pipe covering that was used to insulate steam lines located throughout the curing room. Covil moved for summary dismissal arguing that there was insufficient evidence to conclude that it was the supplier of the asbestos containing pipe covering located in the…  

In-State Business Activities Unrelated to Asbestos Personal Injury Claims Ruled Insufficient to Confer Personal Jurisdiction

NEW YORK – Newly appointed NYCAL Asbestos Coordinating Judge Manuel Mendez continued the recent trend of New York trial level decisions dismissing claims for lack of personal jurisdiction following  Bristol Myers Squibb Co. v. Supreme Court of California (2017) and Daimler AG v. Bauman (2014). In the matter of Irene Grabowski, as Personal Representative of the Estate of Alex Grabowski v. A.O. Smith Corporation, the plaintiff brought suit in New York State Court against The Scotts Company LLC (Scotts), alleging exposure from using Scotts…