Category: Appeal

court of appeals
Appeal / New York
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Boiler Manufacturer Directed to Appear for Punitive Damages Deposition

Supreme Court of New York, Appellate Division, First Department

In this asbestos action, Defendant Burnham (“Burnham”) moved to vacate the NYCAL Special Master’s ruling directing Burnham to appear for a deposition with regard to punitive damages. The trial court denied Burnham’s motion. Burnham subsequently appealed the trial court’s decision.

The Appellate Division affirmed the trial court’s decision. After noting the relevant portions of the NYCAL Case Management Order, the Appellate Division set forth that “[t]he  Special Master providently exercised her discretion in directing Burnham to …

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Appeal / New York
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Appellate Division Reverses Trial Court’s Denial of Dismissal of Punitive Damages Claim

Supreme Court of New York, Appellate Division, First Department

Plaintiffs Victor Arana and Romeo Maffei, both allege asbestos exposure from working with asbestos cement pipe previously distributed by the defendant, J-M Manufacturing Company.

In these actions, the plaintiffs sought punitive damages against JMM as the company did not place a warning on all of the pieces of pipes it distributed. JMM moved for summary judgment on the punitive damages claim, which the trial court denied. JMM appealed the trial court’s decisions.

Ultimately, the Appellate Division …

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Appeal / New York / Personal Jurisdiction
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PPE Manufacturer’s Motion to Dismiss on Personal Jurisdiction Grounds Denied

Supreme Court of New York, Appellate Division, First Department, November 2, 2022

In this asbestos action, Steel Grip Inc., a personal protective equipment manufacturer, was sued along with other defendants for decedent Giacinto Pira’s alleged asbestos exposure, which allegedly contributed to his mesothelioma diagnosis.  

At his discovery deposition, Pira testified that his employer purchased asbestos-containing safety gloves from SGI in New York, and that he used these gloves for welding on his jobsite.

SGI moved to dismiss the case for lack of personal jurisdiction, …

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Appeal / Oregon
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Judgment Against Joint Compound Defendant Upheld on Appeal

Court of Appeals of Oregon, October 5, 2022

Plaintiffs Donald Miller and Linda Miller filed a lawsuit to recover damages for injuries Donald allegedly sustained as a result of exposure to asbestos-containing products during his lifetime.  At the time of trial, Kaiser Gypsum Company was the only remaining defendant.  As to Kaiser Gypsum, Plaintiffs alleged that Donald was exposed to asbestos-containing joint compound while employed as a mechanical insulator between October 1966 and April 1969.   

At the conclusion of trial, the jury returned a verdict …

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Appeal / Louisiana / Summary Judgment
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Summary Judgment Affirmed for Trailer Manufacturer

Court of Appeal of Louisiana, Fourth Circuit, September 28, 2022

In this asbestos action, John Brindell (“Brindell”) allegedly contracted mesothelioma as a result of working as a mechanic for Puerto Rico Marine Management, Inc. (“PRMMI”) at the Port of New Orleans. Brindell’s surviving spouse and children (“Plaintiffs”) asserted a wrongful death and survival action against several defendants. Defendant CRA Trailers, Inc. f/k/a Great Dane Trailers, Inc. (“CRA/Great Dane”) moved for summary judgment, arguing that CRA/Great Dane trailers were not present at the Port during Brindell’s …

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Appeal / Summary Judgment
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Summary Judgment against Reinsurer Affirmed where Exhaustion and Attachment Point Provisions were Ambiguous

U.S. Court of Appeals for the Second Circuit, September 15, 2022

Fireman’s Fund Ins. Co. v. Onebeacon Ins. Co., 2022 U.S. App. LEXIS 25863

            Fireman’s Fund Insurance Company (“Fireman’s Fund”) issued three excess insurance policies to ASARCO, Inc., in 1983 and 1984, which functioned as layers of a coverage tower assembled for ASARCO. Two of the Fireman’s Fund policies provided $20 million in coverage for losses in excess of $30 million, one in 1983 (“policy 1”) and the other in 1984 (“policy 2”). …

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Appeal / South Carolina
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Judgment Against Dryer-Felt Supplier Affirmed on Appeal

Court of Appeals of South Carolina, August 3, 2022

In this asbestos action, decedent Stephen Stewart alleged exposure from working with asbestos-containing dryer felt associated with a paper machine from 1963 until 1981.

Stewart was diagnosed with malignant pleural mesothelioma in September 2012. After settling with all other defendants, Stewart proceeded to trial against Scapa Waycross, supplier of the dryer felt to Stewart’s employer. The jury found in Stewart’s favor and awarded damages in the amount of $600,000 for the survival action, and $100,000 for …

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Appeal / New York
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NYCAL Verdict Against Talc Product Manufacturer Reversed on Causation Grounds

Supreme Court of New York, Appellate Division, First Department, July 19, 2022

In 2017, Plaintiff Donna Olson (“Plaintiff”) filed suit against Johnson & Johnson (J&J), claiming that her lifelong use of J&J talcum powder exposed her to asbestos and caused her to develop mesothelioma. After a 12-week jury trial in 2019, a New York City jury found J&J liable and awarded damages to Plaintiff in the amount of $325 Million. In November 2020, the trial court reduced the award to $120 Million, but affirmed the …

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Appeal / New Jersey
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New Jersey Supreme Court Reverses Appellate Division and Reinstates Plaintiff’s Verdict

New Jersey Supreme Court, June 30, 2022

In this asbestos action, decedent Willis Edenfield (“Edenfield”) commenced a failure to warn product liability action against defendant Union Carbide. The Appellate Division vacated the jury’s verdict for Plaintiff and remanded for a new trial. However, the New Jersey Supreme Court reversed the Appellate Division’s  decision. The Supreme Court found that there were two important contentions at issue.

The Supreme Court explained that this matter is “governed by our common law jurisprudence on product liability.”  As per Whelan…

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Appeal / Washington
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Appellate Court Affirms in Part, Remands Trial Court’s Ruling Regarding Mask Manufacturer’s Negligence

Court of Appeals of Washington, Division One, May 9, 2022

In January 2020, the plaintiff, Larry Roemmich, sued 3M, among others, for product liability and negligence based on his diagnosis of mesothelioma, which he alleged was a result of his exposure to asbestos. The plaintiff worked at Puget Sound Naval Shipyard from 1968 to 1995 and alleged he was exposed to asbestos and asbestos-containing products as part of his work from 1968 until the early 1980s. The plaintiff wore 3M 8710 masks from 1972 until …

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