Category: Motion to Dismiss

The law concept background.
Civil Conspiracy / Motion to Dismiss / Punitive Damages
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Talc Defendants’ Motion to Dismiss Punitive Damages Claim Granted; Motion to Dismiss Civil Conspiracy Claim Denied

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

In this asbestos action, plaintiff Michael Simoneaux initially filed suit against his former employers for alleged asbestos exposure. He later amended his complaint to include Mennen and Johnson & Johnson (hereinafter, “Talc Defendants”), asserting that from the 1960s until 2000 he consistently used Mennen Baby Magic and Johnson & Johnson Baby Powder, and that these products contained asbestos. In response, the Talc Defendants moved to partially dismiss the complaint as to the punitive damages claim, asserting …

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Bankruptcy / Motion for Leave / Motion to Dismiss / North Carolina
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Court Denies Asbestos Committee’s Motion for Leave to Appeal Bankruptcy Court’s Denial Order Regarding George-Pacific

Court: United States District Court for the Western District of North Carolina, Charlotte Division

As previously reported here in the Asbestos Case Tracker, in 2017 Bestwall LLC became solely responsible for all asbestos-related liabilities of Georgia-Pacific LLC following a divisional merger. After the restructuring, Bestwall filed a voluntary petition for chapter 11 bankruptcy in the Western District of North Carolina to resolve asbestos-related claims against it by way of a trust under 524(g) of the Bankruptcy Code. The Bankruptcy Court subsequently approved the appointment of …

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Motion to Dismiss / New York / Personal Jurisdiction
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Glove Manufacturer’s Renewed Motion to Dismiss Based Upon Lack of Personal Jurisdiction Denied

Court: Supreme Court of New York, New York County

Defendant Steel Grip Inc. (SGI) filed a renewed motion to dismiss following the completion of jurisdictional discovery on the basis that it lacked any connection to the State of New York.

In order to find personal jurisdiction, a court must determine whether general or specific jurisdiction exists over a given defendant. A court has general jurisdiction over a defendant where that defendant is “at home,” the state in which a company is incorporated or has its …

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Failure to State a Claim / Motion to Dismiss
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Boiler Manufacturer’s Motion to Dismiss Denied

Court: Supreme Court of New York, New York County (NYCAL)

In this asbestos action, boiler defendant Burnham LLC was sued for a variety of claims, including failure to warn, loss of consortium, and punitive damages. Burnham moved to dismiss the claims, arguing the plaintiff failed to plead with particularity.

A motion to dismiss for failure to state a claim “will generally depend upon whether or not there was substantial compliance with CPLR 3013”; that is, if the allegations are not “sufficiently particular to give the …

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Motion to Dismiss / New York
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Door Manufacturer’s Motion to Dismiss Denied

Court: Supreme Court of New York, New York County

In this asbestos action, defendant T.M. Cobb moved to dismiss plaintiff James Witte’s complaint against them for lack of personal jurisdiction. T.M. Cobb argued that it did not have connections to New York as it did not sell products, nor conducted business, in New York State. In support of its motion, T.M. Cobb relied on the deposition testimony of Jeffrey Cobb. Plaintiff opposed T.M. Cobb’s motion, contending that Witte identified working with T.M. Cobb doors in …

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Motion to Dismiss
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Various Defendants’ Motions to Dismiss Granted for Failure to Identify Specific Product

U.S. District Court for the Eastern District of Missouri, Eastern Division

As previously reported by the Asbestos Case Tracker, decedent Gustave Sahm died from lung cancer allegedly caused by asbestos exposure from 1956 to 2020 while serving in the Navy and working at various jobs throughout his career. His heirs filed suit in the Circuit Court of the City of St. Louis in January 2023, alleging claims of wrongful death including the following four counts against all defendants: strict liability, negligence, willful and wanton misconduct …

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Motion to Dismiss / Personal Jurisdiction
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First Department Reverses Denial of Valve Manufacturer’s Motion to Dismiss

Supreme Court of New York, Appellate Division, First Department, June 7, 2022

In this asbestos case, Crosby Valve LLC (“Crosby”) appealed a June 2021 decision from the New York Supreme Court, New York County, which denied its motion to dismiss for lack of personal jurisdiction. By way of background, George Seger, III (“Plaintiff”) allegedly developed colon cancer, which he attributed to his exposure to asbestos during his naval service, specifically from working on boilers onboard the USS Hepburn. The plaintiff alleged that he worked …

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Motion to Dismiss / New York
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Court Grants Equipment Manufacturer’s Motion to Dismiss for Lack of Personal Jurisdiction and Denies Plaintiffs’ Request for Jurisdictional Discovery

State of New York, Supreme Court, County of Monroe, May 16, 2022

Plaintiffs John and Jayne Gaub commenced an asbestos-related lawsuit on February 22, 2021, against several defendants, including Textron, Inc., sued individually and as alleged successor to Bridgeport Machines, Inc. (defendant) for damages from personal injuries from Mr. Gaub’s alleged asbestos exposure from various products, including brakes changed in his presence on Bridgeport machines. All of Mr. Gaub’s work with and around Bridgeport products occurred in Pennsylvania and Ohio. Mr. Gaub was diagnosed with …

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Mesothelioma
Motion to Dismiss / North Carolina
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Asbestos Complaint Survives Motion to Dismiss

U.S. District Court for the Eastern District of North Carolina, Eastern Division, May 13, 2022

The plaintiffs Augustus Adams and his wife brought suit against numerous defendants, alleging that Mr. Adams developed mesothelioma and other lung damage from exposure to asbestos fibers during the course of his employment. The plaintiffs assert claims for defective design, failure to warn, implied warranty, gross negligence, and loss of consortium. Defendant Vistra Intermediate Company LLC, individually and as successor-in-interest to CRSS, filed a motion to dismiss for failure to …

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Motion to Dismiss / New York
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Court Finds Plaintiff Properly Alleges Successor Liability to Survive Motion to Dismiss

Supreme Court of New York, New York County, April 24, 2022

The defendant, PB Heat LLC, filed a motion to dismiss the plaintiff’s complaint and a motion to impose sanctions. The plaintiff filed suit against PB Heat claiming exposure to asbestos, arguing that the doctrine of successor liability is applicable to PB Heat. PB Heat moved to dismiss for failure to state a claim, and moved for sanctions for alleged frivolous conduct. PB Heat argued the complaint lacked any factual allegations that could possibly warrant …

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