Author: Susan R. Allen-Robbins

The law concept background.
Punitive Damages / Summary Judgment
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New York Court Denies in Part, Grants in Part Talc Defendant’s Motion for Summary Judgment

In October 2020, Corey G. Griffin was diagnosed with peritoneal mesothelioma. He alleged asbestos exposure from the use of talcum powder related to his employment from the late 1950s until the 2000s. During this time, the plaintiff worked as an artist, makeup specialist, designer, and stylist in New York City and abroad. He brought this action against numerous cosmetic defendants in 2021, prompting extensive litigation.

In 2024, defendant American International Industries moved for partial summary judgment pursuant to CPLR 3212 on the plaintiff’s punitive damages …

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California / Remand/Removal
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Plaintiffs Succeed in Motion to Remand Case to State Court

Jurisdiction: United States District Court for the Central District of California

Decedent David L. Dunlavey worked as a pipefitter and steamfitter from 1967 to 2006 — including time spent around 1970 working as a pipefitter for University Mechanical and performing work for National Steel and Shipbuilding Company (NASSCO). 

His employment required him to handle asbestos-containing materials and products in the service, maintenance, repair, installation, removal, and disposal of various piping and boilers systems. Decedent was diagnosed with mesothelioma and his estate brought a wrongful death action …

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EPA Offices, Washington DC
Asbestos Litigation Analysis
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EPA Announces Part 2 of Final Rule to Prohibit Asbestos Use in the United States

The U.S. Environmental Protection Agency on Dec. 3 issued Part 2 of a final risk determination providing an overview of the hazards of asbestos “to workers in certain conditions.” The agency will soon begin the risk management process to address the “unreasonable risk” associated with legacy use and associated disposal of asbestos. 

EPA announced previously Part 1 of the final rule in March. That initial section banned the use and import of chrysotile asbestos under the Toxic Substances Control Act (TSCA). Although there are several …

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The law concept background.
Connecticut / Punitive Damages
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Court Awards $7.5 Million in Punitive Damages to Connecticut Plaintiff

Jurisdiction: Superior Court of Connecticut, Judicial District of Bridgeport at Bridgeport

Decedent Nicolas Barone was diagnosed with mesothelioma in May 2022. His surviving spouse, Kathryn Barone (plaintiff)brought suit in September 2023, following her husband’s death in June of that year. Plaintiff’s third amended complaint alleged the cause of plaintiff’s mesothelioma was asbestos exposure from talc supplied by defendant International Talc Company and its successor, Vanderbilt Minerals LLC. After a four-week trial, the jury reached a unanimous verdict and found Vanderbilt liable for a total of $15 million in …

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judge's gavel and books
New York / Personal Jurisdiction
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New York Court Grants Valve Manufacturer’s Motion for Summary Judgment Based on Lack of Personal Jurisdiction

Court:  Supreme Court of New York State, Erie County

Plaintiff Ronald McInnis worked as a career union pipefitter from the 1970s-2010s. A native of Chatham, New Brunswick, plaintiff spent the vast majority of his career working at various paper mills, chemical plants, refineries, and power plants throughout New Brunswick, Ontario, and parts of Alberta, Canada. He was diagnosed with mesothelioma in October 2023 and initiated a lawsuit in Erie County Supreme Court in Upstate New York.

Plaintiff alleged that his work during shutdown or refurbishing periods at …

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Business and lawyers discussing contract papers with brass scale on desk
Rule 12(b)(6)
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Fed Court Determines Plaintiff’s Complaint Does Not Constitute a “Shotgun Pleading”

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

Plaintiff Mallory Ware was diagnosed with lung cancer in May 2020. He alleged his occupational exposure to asbestos and toxic welding fumes caused his illness. He initiated a lawsuit in state court against both premises owners and manufacturers, sellers, suppliers, contractors, and distributors of asbestos-containing products. The plaintiff divided his claims into three counts: (1) negligence against all defendants; (2) strict liability and negligence against the premise defendants; and (3) strict liability and negligence against the …

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Business and lawyers discussing contract papers with brass scale on desk
Hearsay / Joinder / Summary Judgment
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NY Court Grants Defendant’s Motion for Summary Judgment Following Improper Service in Illinois Action

Jurisdiction:  Supreme Court of New York, New York County

In a New York City asbestos action, defendant Tishman Liquidating Corporation moved for summary judgment to dismiss plaintiff’s complaint, arguing the plaintiff’s decedent’s deposition testimony could not be used against it at trial. Tishman stated it was a necessary party to an action plaintiff commenced in Illinois and that the use of the decedent’s testimony would constitute inadmissible hearsay. Such testimony would therefore prejudice Tishman in the New York case because Article 16 bars it from presenting evidence of …

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Louisiana / Summary Judgment
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Court Denies Plaintiff’s Attempt to Reinstate Prior Claim of Post 1969 Exposure

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

Plaintiff Robert Stephen Sentilles was diagnosed with mesothelioma in October 2020. He filed his suit asserting negligence and strict liability claims against several defendants, including Avondale. Plaintiff alleged his illness was the result of asbestos exposure from the 1950s to the 1980s. More specifically, he alleged take-home exposure from his father and brother during their employment at Avondale, and from direct exposure from his own employment at Avondale.

Avondale filed three motions for partial summary judgment …

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New York / Summary Judgment
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Court Denies Motions for Summary Judgment for Valve and Pump Manufacturers

Jurisdiction: Supreme Court of New York, New York County

Plaintiff Robert L. Toth worked at various Consolidated Edison powerhouses from 1961 to 1991 as a sheet metal worker. He was diagnosed with lung cancer in 2019 and he alleged his illness was the result of asbestos exposure. He brought suit against numerous pump, valve, and gasket companies amongst other industrial manufacturers. Defendants Crosby Valve LLC and Milton Roy Company — (collectively “defendants”) — both moved for summary judgment. They argued plaintiff failed to identify either as a manufacturer of …

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Business and lawyers discussing contract papers with brass scale on desk
New York / Summary Judgment
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Talc Defendant Unsuccessful on Summary Judgment

Jurisdiction:  Supreme Court of New York, New York County

Plaintiff Lita Goldstein was diagnosed in March 2022 with mesothelioma.  She initiated a suit against several defendants in May 2022, including Kolmar Laboratories Inc. Kolmar moved for summary judgment on two points. First, it argued plaintiff failed to establish she was exposed to any asbestos-containing product manufactured by Kolmar.  Second, Kolmar argued that any such product it had manufactured was done so per the specifications of Johnson & Johnson and as such, Kolmar could not be liable. …

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