Category: New York

New York / Personal Jurisdiction
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General Denial Insufficient Objection to Personal Jurisdiction in NYCAL

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 …

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Expert Challenges / New York / Single Fiber, Cumulative Exposure
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New York’s Highest Court Set to Hear First Asbestos Causation Challenge

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 …

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New York / Other Asbestos News
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Jury Finds Tile Manufacturer Failed to Provide Adequate Warnings, But The Failure Was Not A Substantial Contributing Factor To Plaintiff’s Mesothelioma Diagnosis

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 …

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New York / Verdict
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NYCAL Verdict Reduced from $60M to $29M

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, …

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New York / Other Asbestos News
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Former Speaker of the New York State Assembly’s Motion to Continue Bail and Stay Fine Denied in Part

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 …

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New York / Verdict
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Significant Verdict Against Valve Manufacturers in Erie County NY

NEW YORK — A verdict totaling almost $7 million was rendered today in Buffalo NY.  Plaintiff, James Stock, is 60 years old and claims to have had asbestos exposure causing his mesothelioma in the late 1970’s early 80’s while working in a factory.  A verdict was reached against Remaining defendants Jenkins (50%) Bell & Gossett (12%), Warren (12%) and Crane (14%).  Damages included  past pain and suffering – $4.5 Million, future pain and suffering – $1.5 Million (over 1 year), loss of present earnings – …

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New York / Other Asbestos News / Verdict
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First New York State Appellate Level Additur Decision Issued

NEW YORK — With little to no analysis, the Appellate Division of the New York Supreme Court affirmed various decisions issued by the trial court in 2017 during a ten day trial, wherein the plaintiff alleged development of mesothelioma due to asbestos exposure. These included, among other rulings: granting defendants Crane Co. and Warren Pumps motion to quash trial subpoenas; denial of defendant Jenkins Bros.’ motion to set aside the verdict; granting of the plaintiff’s motion to set aside the verdict to the extent of …

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New York / Other Asbestos News
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Trial Subpoenas to Settling Parties Allowed to Issue For Liability Apportionment

NEW YORK — In a currently pending asbestos matter, defendant Jenkins Bros. issued trial subpoenas to three settling defendants – Crane Co., Flowserve, Inc., and Warren Pumps. These three defendants filed motions to quash the subpoenas, which the court denied. The court ruled that the trial subpoenas were served properly on counsel in a timely manner, as no orders or stipulations of discontinuance had been filed by the three parties, and that the information sought in the subpoenas was relevant to establish apportionment of liability …

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Case Decisions / New York / Personal Jurisdiction
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Gasket Manufacturer’s Motion for Summary Judgment Denied Based on Residual Market

NEW YORK — The plaintiff’s Decedent Joseph Tolan allegedly worked with asbestos-containing gaskets, including sheet gaskets, manufactured by Goodyear Tire and Rubber Company (Goodyear) starting in 1977 at the United States Army’s Seneca, NY Depot. Goodyear filed a motion for summary judgment, stating that it ceased making asbestos-containing gaskets in 1969. Goodyear further argued that it had no sales of asbestos-containing gaskets to the Depot.  Goodyear continued to make non-asbestos gaskets after 1969, and they had similar markings and logos to the asbestos-containing versions. Goodyear …

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Bankruptcy Trusts / New York
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Claims Against Manville Insurer Permitted to Proceed For Violation of Due Process

NEW YORK — The plaintiff, Salvador Parra, developed asbestosis after working as an insulator in the 1960s and 1970s. He filed suit in 2009 in Mississippi against numerous Manville-related entities, including Marsh USA, Inc., a Manville insurer. In 1986, Marsh contributed $29.75M to the Manville Trust in exchange for a release of all claims “arising out of or relating to services” performed by Marsh for Manville or “in connection with insurance policies issued to” Manville, and an injunction funneling all future such claims into the …

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