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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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 …
Continue ReadingSignificant 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 – …
Continue ReadingFirst 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 …
Continue ReadingTrial 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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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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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 …
Continue ReadingNew Jersey Talc Manufacturer’s Motion to Dismiss New York Case With Exposure In Virginia Granted
NEW YORK — The plaintiffs sued Johnson & Johnson (J&J) and Johnson and Johnson Consumer Inc. (JJCI), alleging that Mrs. Hammock’s exposure to asbestos-containing J&J baby powder caused her to develop mesothelioma. Mrs. Hammock was a Virginia resident her entire life, and all of her alleged exposure took place in Virginia.
JJCI is the sole entity responsible for manufacturing and distributing J&J baby powder during the subject time period. JJCI is a New Jersey Corporation with its principal place of business in New Jersey. JJCI …
Continue ReadingIn-State Business Activities Unrelated to Asbestos Personal Injury Claims Ruled Insufficient to Confer Personal Jurisdiction
NEW YORK – Newly appointed NYCAL Asbestos Coordinating Judge Manuel Mendez continued the recent trend of New York trial level decisions dismissing claims for lack of personal jurisdiction following Bristol Myers Squibb Co. v. Supreme Court of California (2017) and Daimler AG v. Bauman (2014). In the matter of Irene Grabowski, as Personal Representative of the Estate of Alex Grabowski v. A.O. Smith Corporation, the plaintiff brought suit in New York State Court against The Scotts Company LLC (Scotts), alleging exposure from using Scotts …
Continue ReadingDefendant’s Joinder Denied; Parallel Suits Allowed in Federal and State Court
NEW YORK — On October 3, 2017, the plaintiffs filed two lawsuits in New York state court against two different groups of defendants. One lawsuit was filed against 83 defendants, not including Crane Co. (Crane), alleging that John Grimes developed mesothelioma as a result of exposure to defendants’ asbestos-containing products. At present, that matter remains pending in state court. The second action—the instant action—was filed against four other defendants, including Crane. The plaintiffs similarly alleged that Mr. Grimes developed mesothelioma as a result of exposure …
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