Manufacturer’s Argument that Asbestos Not Present in Its Baby Powder Fails Due to Conflicting Expert Reports Supreme Court of New York, New York County, November 30, 2018

NEW YORK — The plaintiff Anna Zoas sued Johnson & Johnson (J&J) alleging that her mesothelioma was caused by asbestos  present in J&J Baby Powder. She allegedly used the product daily from 1945 to 1948 and regularly from 1948 to 1956. The plaintiff’s complaint was filed on May 12, 2017, and was amended on July 4, 2017. J&J then moved for summary judgment to dismiss the plaintiff’s claims. To prevail on a summary judgment motion in New York, a defendant must make a prima facie
Continue reading...

New York’s Highest Court Upholds Defense Judgment as a Matter of Law Based on Lack of Sufficient Scientific Evidence New York State Court of Appeals, November 27, 2018

NEW YORK — New York’s highest Court issued its first decision addressing causation standards in an asbestos case, and upheld the trial and intermediate appellate court decisions granting Ford Motor Company judgment as a matter of law in Juni v. A.O. Smith Water Products Co. et al.. ACT has previously reported on the Juni matter here and here. The majority found that “[v]iewing the evidence in the light most favorable to plaintiffs, the evidence was insufficient as a matter of law to establish…
Continue reading...

Policy Covered Injuries Arising From Operations During Policy Period Supreme Court, Appellate Division. November 15, 2018

In a brief opinion, a New York appellate court held that an insurance policy covered injuries arising out of operations performed during the policy period, and therefore was not limited to injuries that actually occurred during the policy period. This meant that coverage was triggered under the policy by claims arising from use of spray-on asbestos fireproofing during the policy period, even though the injury did not manifest until later. The court further held that the claims did not arise from a single occurrence and…
Continue reading...

NYCAL Judge Rejects Causation Challenge; Reduces $75 Million Verdict to $17,250,000 Supreme Court of the State of New York, New York County, October 11, 2018

NEW YORK — Late Thursday night, NYCAL Justice Joan Madden issued a long awaited post-trial motion decision in Robaey v. Air and Liquid Systems, et al, NYCAL Index No. 190276/13, previously reported by ACT here. In January of 2017, a New York City jury returned a record setting $75 Million verdict, comprising $50 Million for plaintiff, Ms. Marlena F. Robaey ($40 Million in Past Pain and Suffering and $10 Million in Future Pain and Suffering), and $25 Million for derivative plaintiff, Mr. Edward…
Continue reading...

Lack of Personal Jurisdiction Leads to Dismissal for Industrial Supply Defendant U.S. Supreme Court, New York County, September 29, 2018

NEW YORK — The plaintiff filed suit in New York against Grainger Inc. (Grainger) alleging her decedent, Myron Miller, passed from mesothelioma as a result of exposure to asbestos for which Grainger was liable. Specifically, Mr. Miller was alleged to have been exposed to packing and gaskets while refurbishing and selling used equipment he bought from liquidation sales from 1980-1987. Mr. Miller resided in Georgia from 1973 but would travel to New York later to purchase used parts. Grainger, an Illinois corporation, moved to dismiss…
Continue reading...

General Denial Insufficient Objection to Personal Jurisdiction in NYCAL Supreme Court of the State of New York – New York County, October 2, 2018

NEW YORK — Wayne Gibson alleged that he developed mesothelioma in part from occasional work assisting mechanics with brakes, clutches and gaskets on Mack and Kenworth trucks while working as a driver for a Virginia based trucking company. With the exception of a six month stint in the Navy, Gibson never lived in the state of New York, nor was he exposed to asbestos in New York. The defendant Mack Truck, Inc., a Pennsylvania corporation with its principal place of business in North Carolina filed…
Continue reading...

New York’s Highest Court Set to Hear First Asbestos Causation Challenge New York Court of Appeals, October 16, 2018

NEW YORK — The New York Court of Appeals has set oral argument for October 16th, 2018 in Matter of NYC Asbestos Litig. (Juni v A.O. Smith). Since 2006, the Court of Appeals has weighed in three times[i] on the applicable causation standards in toxic tort cases, but Juni is the first asbestos related appeal to reach the high court. In this article, we provide a primer on the case and share a few thoughts about what to look for when…
Continue reading...

Jury Finds Tile Manufacturer Failed to Provide Adequate Warnings, But The Failure Was Not A Substantial Contributing Factor To Plaintiff’s Mesothelioma Diagnosis Supreme Court of the State of New York, Count of Monroe, September 27, 2018

NEW YORK — A Monroe County jury returned a verdict in favor of Defendant American Biltrite in a mesothelioma case Thursday, September 28, 2018. The Jury found that American Biltrite failed to exercise reasonable care by not providing an adequate warning about the hazards of exposure to asbestos with respect to the use of Amtico vinyl asbestos tile.  However, the jury subsequently found that American Biltrite’s failure to warn Jo Ann Shields was not a substantial contributing factor in causing her peritoneal mesothelioma. This is…
Continue reading...

NYCAL Verdict Reduced from $60M to $29M U.S. Supreme Court, New York County, September 21, 2018

NEW YORK — The plaintiff was diagnosed with mesothelioma in April 2015 (55 years old) and passed away about fifteen (15) months later in July 2016.  Thereafter, in October 2015, the plaintiff’s estate brought suit in NYCAL against a number of defendants alleging that the decedent’s mesothelioma diagnosis and death was caused by decedent’s exposure to asbestos from products that were manufactured, distributed, and/or sold by the defendants. This case ultimately went to trial and was presided over by Justice Manuel Mendez. In April 2018,…
Continue reading...

Former Speaker of the New York State Assembly’s Motion to Continue Bail and Stay Fine Denied in Part U.S. District Court, S.D. New York. September 17, 2018

NEW YORK — Former Speaker of the New York State Assembly, Sheldon Silver moved to continue bail and stay his fine after a jury found him guilty on two counts of honest services mail fraud, two counts of honest services wire fraud, two counts of extortion under color of official right, and one count of money laundering. Silver was alleged to have schemed to received referral fees from a physician in connection with asbestos litigation. Silver’s motion to continue bail was denied as the “Government…
Continue reading...