Motion to Dismiss for Lack of Personal Jurisdiction Granted for Boiler Manufacturer

Supreme Court of New York, New York County, March 25, 2021

Defendant Cleaver-Brooks, Inc. filed this instant motion to dismiss the plaintiff’s complaint pursuant to CPLR 3211 (a)(8) on the grounds that the court lacked personal jurisdiction over them. This lawsuit stems from plaintiff Darrell Nelson’s diagnosis of malignant pleural mesothelioma, which plaintiffs allege resulted from Mr. Nelson’s exposure to asbestos from his work as a maintenance worker and boiler operator for the Red Wing School District in Red Wing, Minnesota from 1977 to 1997. The …

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Signed Unopposed Summary Judgment Motions and Orders Vacated in NYCAL Due to Law Office Failure

Supreme Court of New York, New York County, March 15, 2021

In this asbestos action, the plaintiff’s counsel signed two unopposed summary judgment motions and orders submitted by counsel for Nash Engineering and Atwood & Morrill, respectively. The plaintiff’s counsel filed a motion to vacate the orders pursuant to NY CPLR § 5015(a)(1), and defense counsel opposed the motions. Ultimately, Justice Silvera granted the plaintiff’s motion to vacate both orders.

Under NY CPLR § 5015(a)(1), a motion to vacate a default judgment or order can …

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Summary Judgment Granted to Ceramic Manufacturer Based on Asset Purchase Agreement

Supreme Court of New York, New York County, March 10, 2021

Defendant Gare Incorporated filed this instant motion for summary judgment pursuant to CPLR 3212. The plaintiffs allege that Lorraine Berger’s (the decedent) June 22, 2018 diagnosis of mesothelioma was causally connected to her asbestos exposure from Gare asbestos-containing products. Gare’s motion contends that Gare has no liability for claims or litigation based on events occurring before July 21, 1983.

Here, Gare avers that it cannot be held liable for the decedent’s exposure to Gare products …

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Plaintiff Allowed to Proceed with Jurisdictional Discovery as Door Manufacturer’s Motion to Dismiss Denied

Supreme Court of New York, New York County, February 16, 2021

In this action, plaintiff James Witte alleged asbestos exposure from supervising the installation of fire doors manufactured by T.M. Cobb Company in Manhattan. Cobb moved to dismiss the plaintiff’s complaint based on lack of personal jurisdiction. Cobb argued that the court did not have personal jurisdiction over them as they were incorporated in and have their principal place of business in California. Further, Cobb’s manufacturing and distribution facilities are located in four California cities. …

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Court Grants MSJ as Boiler Defendant Establishes Product Did Not Contain Asbestos

Supreme Court of New York, New York County

Defendant Cleaver-Brooks, Inc. filed a motion for summary judgment contending plaintiff John B. Daly, Jr. failed to produce any evidence that he was exposed to asbestos as a result of work on or in the proximity of products manufactured by Cleaver. The plaintiff alleges his mesothelioma diagnosis was caused by his exposure to asbestos while working as a steamfitter at Indian Point Power Plant in New York. The plaintiff testified to working around boilers that were manufactured …

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Partial Summary Judgment Granted to Glove Manufacturer Based on Acquisition Agreement

Supreme Court of New York, New York County

Defendant CSC Scientific Company, Inc. filed the present motion for summary judgment arguing that the plaintiffs have failed to identify a CSC product as a source of decedent’s asbestos exposure over a period from 1976 to 1979 or at any other time. By way of background, this matter arises from decedent Michael Love’s diagnosis of mesothelioma on July 31, 2018, which led to his death on November 9, 2019.

CSC argued that the absence of evidence of …

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Gasket Manufacturer Denied Summary Judgment in NYCAL

Supreme Court of New York, New York County

In this NYCAL action, plaintiff Lorraine Sprague alleges take-home exposure to asbestos from laundering her husband’s clothing while he worked as an oiler/wiper and tugboat/marine engineer from the early 1960s until 1987. Following two fact witness depositions and submission of expert reports, defendant Fel-Pro moved for summary judgment. Relying on Cawein, the defendant asserted that the plaintiff failed to produce evidence of specific identification of Fel-Pro products in her husband’s area of exposure, and as such, …

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Summary Judgment Denied for Arc Chute Manufacturer due to Plaintiff’s Continuance of Discovery

U.S. District Court for the Western District of Washington January 26, 2021

Plaintiff Ronald H. Behrmann alleges he was exposed to asbestos while serving in the U.S. Navy and later working in the Todd and Lockheed Shipyards in Seattle, Washington. The plaintiff now has mesothelioma and brings this action against various companies, including Meriden, arguing that asbestos in their products caused it.

Defendant Meriden manufacturers are Arc chutes, which are component parts used within other equipment, so the plaintiff does not allege that Meriden sold …

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Floor Tile Manufacturers’ Motions for Summary Judgment Denied

Supreme Court of New York, New York County, January 22, 2021

The decedent, Michael Layton, was diagnosed with lung cancer on July 16, 2017 and passed away on April 17, 2020. The plaintiff alleges the decedent’s lung cancer was caused by his prolonged and substantial exposure to asbestos over the course of his career during which he was involved in the removal and replacement of all types of flooring, including Biltrite’s “Amtico” and Mannington Mills brand floor tiles, at thousands of work sites. Defendants, American …

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Denial of Summary Judgment Upheld in Labor Law Action Against Port Authority

Supreme Court of New York, Appellate Division, First Department

In this matter, the plaintiff brought Labor Law § 200 and common law negligence claims against Defendant, Port Authority of New York and New Jersey. The decedent alleged that he developed malignant pleural sarcomatoid mesothelioma as a result of occupational exposure to asbestos at John F. Kennedy International Airport while he worked for Pan American World Airways (Pan Am) in the 1970s. The decedent passed away before he was able to be deposed. Judge Manuel Mendez, …

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