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Court Denies Valve Manufacturers Summary Judgement Motion

Supreme Court of New York, New York County

Plaintiff Raymond Lee, as administrator for the estate of the decedent, Jim Lee filed a lawsuit in the Supreme Court of New York, New York County alleging decedent was exposed to asbestos from his’s employment working around various products. Defendant, Crosby Valves, filed a motion for summary judgement to dismiss the claims against them.

A court must grant summary judgment if the movant establishes its claim “as a matter of law” and no “issue of fact” warranting …

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Court Denies Valve Manufacturer’s Summary Judgement Motion

Supreme Court of New York, New York County

In this asbestos action, Plaintiff Jane E. Wixted, as executrix for the estate of the decedent, Thomas N. Wixted (“Decedent”) filed a lawsuit in the Supreme Court of New York, New York County allegingDecedent was exposed to asbestos from his employment working around various products. Defendant, Crosby Valves, filed a Motion for Summary Judgement to dismiss the claims against them.

A court must grant summary judgment if the movant establishes its claim “as a matter of law” …

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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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Putty Manufacturer and Talc Disturber’s Motion to Dismiss on Causation Grounds Denied

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

In this asbestos action, plaintiff Jennifer Peganis alleged take-home exposure to asbestos from laundering her husband’s work clothing. Defendant Donald Durham Company moved to dismiss the action on the basis that plaintiff failed to establish causation. Defendant Vanderbilt Minerals LLC jointed Durham’s motion to dismiss, arguing that Vanderbilt’s only connection to the action is due to its talc being a component ingredient in Durham’s water putty.

The moving defendants relied upon three experts: (1) Brittani …

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Holding Company’s Motion to Dismiss on Personal Jurisdiction Grounds Granted

Court: Supreme Court of New York County (NYCAL)

In this asbestos action, defendant Burnham Holdings Inc. moved to dismiss the complaint against it on personal jurisdiction grounds. Specifically, BHI asserted that it is a holding company that was incorporated in Delaware with a principal place of business in Pennsylvania. BHI further argued that as a holding company, it never placed any products in the stream of commerce and thus, has no ties to the state of New York.

In opposition, plaintiff argued that BHI is …

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Motion for Summary Judgment Denied as Plaintiff Failed to Establish De Facto Merger Doctrine

Jurisdiction: Supreme Court of New York, New York County

This action arises out of plaintiff Hydraulic IP Holdings LLC’s attempt to enforce a judgment entered against non-party Grace Apparel LLC. Plaintiff’s complaint alleges that the operation of Grace ceased, and assets were transferred to continue operation through successor entities, defendants GBrands Holding LLC and CC Apparel LLC, to avoid Grace Apparel’s creditors.

Plaintiff moved for summary judgment against defendants GBrands and CC on the first cause of action, successor liability. Defendants opposed and cross-moved for …

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Motion for Summary Judgment Denied as Defendant Failed to Prove Lack of Causation

Jurisdiction: Supreme Court of New York, New York County

Plaintiff John P. Reeves alleges asbestos exposure from, among other things, the asbestos-containing caulk of defendant DAP Inc. while serving in the U.S. Navy aboard the USS Forrestal from 1961 to 1964. He also alleges exposure from the caulking work he performed on various occasions in his home, and from DAP asbestos-containing window glazing while renovating his home between 1966 and 1967. 

Plaintiff claims this asbestos exposure resulted in his diagnosis of lung cancer in 2019.  …

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Defendant’s Motion for Summary Judgment Denied Due to Conclusory Affidavits

Jurisdiction: Supreme Court of New York, New York County

DAP filed a motion for summary judgment by arguing plaintiff cannot sufficiently demonstrate DAP’s exposed him to asbestos. DAP contends that it did not manufacture or sell any product that resembles the product described by plaintiff. Thus, according to DAP, plaintiff cannot establish that he was exposed to asbestosfrom its products. In support, DAP proffers, inter alia, two affidavits of Mr. Ward Treat, who contends that DAP did not manufacture, sell, or supply the products described …

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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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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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