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Court Reverses Denial of J&J’s Motion for Summary Judgment on Causation Grounds

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

The Supreme Court of New York, Appellate Division, First Department earlier this week unanimously granted defendants Johnson & Johnson and LTL Management LLC’s — (J&J collectively) — appeal of its causation motion for summary judgment and dismissed the complaint against J&J in a reversal of the Supreme Court, New York County (NYCAL) April 2024 decision.

The First Department held that J&J made a prima facia showing of entitlement to summary judgment by submitting epidemiological studies …

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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 …

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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 …

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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 …

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