Appeal Archives - Asbestos Case Tracker

Talc Defendant’s Motion for Summary Judgment Based on Texas Law Granted on Appeal

Court: Supreme Court of New York, Appellate Division, First Department

In September 2023, the trial court denied talc defendant Colgate-Palmolive Co.’s motion for summary judgment to dismiss the complaint against it. On appeal, the First Department unanimously reversed and granted Colgate’s motion.

“When a foreign resident’s exposure to a toxin occurs in foreign states, New York’s connection to the action is tenuous at best.” See Kush v. Abbot Labs., 238 AD2 172, 172 [1st Dept 1997].

Here, while plaintiff’s decedent allegedly used talcum powder …

May 22, 2024 Appeal / Damages / New York

Posted by: Kerry L. Jones

Court Vacates $15m Verdict against Joint Compound Manufacturer; Upholds Evidentiary Rulings

Court: Supreme Court of New York, Appellate Division, First Department

In November 2023, a jury awarded plaintiff $15m for past pain and suffering and found defendant Kaiser Gypsum Company 70-percent liable. Kaiser subsequently filed post-trial motions, which were denied. The instant appeal followed.

First, on appeal Kaiser argued that the trial court should not have permitted plaintiff to admit the videotaped de bene esse deposition of plaintiff’s decedent Munir Seen into evidence because Kaiser was not a party to the action when that event occurred. …

April 24, 2024 Appeal / New York / Summary Judgment

Posted by: Kerry L. Jones

First Department Affirms Denial of Pipe Manufacturer’s Motion for Summary Judgment

Court: Supreme Court of New York, Appellate Division, First Department

In this asbestos action, decedent Rudolf Horvath alleged that he was exposed to asbestos from Bondstrand pipes manufactured by defendant, Ameron International, at a sewage plant in midtown Manhattan. In response, Ameron filed a motion for summary judgment, arguing the sewage plant referenced by decedent must have been the North River wastewater treatment plant, which did not exist until 1985 at a time when Ameron no longer manufactured Bondstrand pipe using asbestos.

The trial court …

April 17, 2024 Appeal / Summary Judgment / Texas

Posted by: Susan R. Allen-Robbins

Appellate Court Reverses Premise Defendant’s Summary Judgment Ruling

Court: Court of Appeals of Texas, Fourteenth District, Houston

Carolyn and Frank Burford were married from November 1962 until Carolyn’s death in 2015. While married, Frank Buford worked for Alcoa at its aluminum smelter in Rockdale, Texas. As a potlining helper, Mr. Burford regularly worked with and around asbestos-containing materials. Mrs. Burford (Carolyn, or decedent) washed his work clothing every day for a period of 25 years. In 2006, she sought medical care after developing shortness of breath. Her pulmonologist diagnosed her with asbestosis and she later died …

April 17, 2024 Appeal / Apportionment / Judgment / Pennsylvania

Posted by: Kerry L. Jones

Appellate Court Affirms Finding of Liability against Talc Defendant; Vacates Apportionment of Liability

Court: Superior Court of Pennsylvania

In this asbestos action, appellant American International Industries (AII) appealed from a judgment entered in December 2022 awarding damages to appellee, Holly Fisher, executrix of the Estate of Sandra Reichart (decedent), following a jury trial.

Decedent owned a beauty salon from 1960 through 1985. During that time, decedent allegedly used the following talcum powders on clients: Clubman, Jeris, Jean Nate, and Cashmere Bouquet. Following decedent’s passing from mesothelioma in 2019, Fisher field a lawsuit claiming that the aforementioned talcum powders …

February 29, 2024 Appeal / Causation / South Carolina

Posted by: Asbestos Case Tracker

Denial of Dryer Felt Manufacturer’s Motion for Judgment Notwithstanding the Verdict Affirmed

Court: Supreme Court of South Carolina

In this mesothelioma matter, the Supreme Court of South Carolina granted a writ of certiorari to review decisions of the South Carolina Court of Appeals affirming (1) the trial court’s denial of Scapa Waycross Inc.’s motion for judgment notwithstanding the verdict based on the insufficiency of the evidence as to causation, (2) the trial court’s order granting a new trial nisi additur, and (3) the trial court’s denial of Scapa’s motion to reallocate pretrial settlement proceeds.

The court determined …

February 28, 2024 Appeal / Causation / Texas

Posted by: Kerry L. Jones

Texas Appellate Court Reverses Summary Judgment in Take-Home Exposure Case

Court: Court of Appeals of Texas, Fourteenth District, Houston

In this asbestos action, a Texas Appellate Court reversed and remanded the grant of a no-evidence summary judgment motion as to defendant Howmet Aerospace Inc., f/k/a Arconic, Inc., f/k/a Alcoa, Inc. (“Alcoa”).

The surviving husband and children of decedent Carolyn Burford asserted wrongful death and survival claims against the husband’s former employer, Alcoa, alleging decedent suffered injuries and death as a result of asbestosis caused by her inhalation of asbestos fibers that her husband brought home …

February 28, 2024 Appeal / Judgment Notwithstanding the Verdict / New Trial / Remittitur

Posted by: Kerry L. Jones

First Department Affirms Jury Verdict against Valve Manufacturer

Court: Supreme Court of New York, Appellate Division, First Department

In this asbestos action, defendant Jenkins Bros. sought a judgment notwithstanding the verdict, a new trial, or remittitur of a verdict awarding plaintiff $13 million for past pain and suffering and $10 million for future pain and suffering. The trial court declined to vacate the jury’s findings that valve-related gaskets and insulation manufactured by Jenkins Bros. caused plaintiff’s mesothelioma. Jenkins Bros. appealed to the First Department.

The First Department ultimately determined that plaintiff met his …

June 23, 2023 Appeal / New York

Posted by: Elizabeth Lautenbach Adams

Appeals Court Affirms NYCAL Judge’s Denials of Motions to Dismiss on Successor Liability Grounds

Court: Supreme Court of New York, Appellate Division, First Department

Defendant P.B. Heat previously moved to dismiss multiple complaints in New York City Asbestos Litigation (NYCAL) cases. NYCAL Coordinating Judge Adam Silvera denied each of these motions. Asbestos Case Tracker covered one of Judge Silvera’s previous decisions where he denied P.B. Heat’s motion in the Catapano matter. P.B. Heat appealed the multiple denials to dismiss.

The court discussed two arguments on appeal. First, P.B. Heat contended that there were no factual allegations setting forth the …

June 21, 2023 Appeal / Bankruptcy

Posted by: Kerry L. Jones

Circuit Court Affirms Automatic Stay as to Georgia-Pacific’s Asbestos Lawsuits

Court: United States Court of Appeals for the Fourth Circuit

In 1965, Georgia-Pacific LLC (Old GP) merged with Bestwall Gypsum Company, a manufacturer of asbestos-containing products. In 2017, Georgia-Pacific LLC underwent a divisional merger under Texas law. As a result, Old GP ceased to exist, and its assets and liabilities were divided between two new entities as wholly owned subsidiaries of Georgia-Pacific Holdings LLC: Bestwall LLC (Bestwall) and Georgia-Pacific LLC (New GP).

In accordance with this merger, Bestwall became solely responsible for all asbestos-related liabilities. Following …