Category: New York

Case Decisions / New York / Summary Judgment
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Fire Door Manufacturer Obtains Summary Judgment in NYCAL; No Duty to Warn Against Latent Dangers from Unforeseeable Use of Product

Defendants International Paper Company and Owens-Illinois, Inc. moved for summary judgment, which was granted. All Craft Fabricators, Inc. was hired to do millwork in refurbishing the United Nations headquarters. The general contractor issued a change order to use salvaged wood panels and doors from the Under-Secretary General’s office. These materials were resized and cut for use as interior cabinets at the United Nations building. External testing performed by All Craft showed that the dust from these materials contained asbestos.

An affidavit from a professional engineer …

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Legislative Updates / New York
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Proposed New York Bill Seeks Fairness in Asbestos Litigation by Requiring Claimant to File All Asbestos Trust Claims Within 45 Days of Commencement of Civil Action

A recent proposed New York Bill seeks fairness in asbestos civil litigation. SB2511, sponsored by Senator Jon J. Bonacic and co-sponsored by Senator John A. DeFrancisco, aims to bring transparency to asbestos litigation by requiring plaintiffs to file asbestos trust claim forms within 45 days of filing a civil asbestos action. After the recent decision in In re Garlock Sealing Techs, LLC, 504 B.R. 71 (W.D.N.C. Bankr. 2014), it became apparent that asbestos litigation “has been infected with the manipulation of exposure evidence” by certain …

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Case Decisions / New York / Verdict Reduction
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Appellate Court Reverses Trial Court’s Directed Verdict in NYCAL

On August 29, 2014, Judge Barbara Jaffe entered an order granting defendant Consolidated Edison’s (Con Edison) post-trial motion to set aside a verdict against it and direct that judgment be entered in its favor. Upon appeal, the Supreme Court of New York, Appellate Division, First Department, issued an a decision on January 10, 2017. The crux of this case revolves around the plaintiff’s exposure to asbestos while working for a subcontractor at Con Edison’s power plant.

The Appellate Division found the trial court improperly set …

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Case Decisions / Motions in Limine / New York
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Various Rulings in NYCAL Case Regarding Defendants’ Motion in Limine to Preclude Certain Evidence

The plaintiff alleged asbestos exposure through his work as a roofer, maintenance man, and carpenter. The defendants submitted a joint motion in limine to preclude certain evidence. The court issued various rulings, summarized below.

First, the defendants asserted that Dr. Jacqueline Moline would offer a scientifically unsupportable causation opinion that every occupational exposure was a substantial factor in causing the plaintiff’s mesothelioma. This was also known, among other things, as the “each and every exposure” or “cumulative exposure” theory. At the outset the court noted …

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Case Decisions / New York / Summary Judgment
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Summary Judgment Denied to Manufacturer of Commercial Kitchen Equipment

Plaintiff Dario Battistoni worked as a butcher at a delicatessen in Queens, New York, from 1979 to 1980, and later worked as a butcher and banquet chef in kitchens at the Century Plaza Hotel in Los Angeles, California from 1980 to 1999. The plaintiff claims that at those jobs he worked with commercial kitchen equipment, including products made by defendant ITW Food Equipment Group LLC that exposed him asbestos and caused his mesothelioma. ITW moved for summary judgment, contending that its products could not have …

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New York / Significant Verdicts
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Gasket Defendant Found Not Liable in Recent New York Mesothelioma Case

A jury found defendant Dana Companies not negligent in manufacturing and/or selling asbestos containing gaskets without adequate warning in a recent New York mesothelioma case despite a finding of exposure to the defendant’s gaskets. The plaintiff, Michael Colsten, claimed exposure to asbestos while working as an automotive mechanic at General Tire from 1965 through 1969 and at Don’s Automotive Shop from 1969 through 1973. The plaintiff claimed he developed pleural mesothelioma as a result of exposure to asbestos through home improvements and hobby mechanics.

Read …

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Case Decisions / New York / Other Asbestos News
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New York Police Officer Diagnosed with Mesothelioma Allowed to File for Both Line-of-Duty Benefits and Salary/Medical Expense Benefits

The plaintiff was a police officer for the City of Buffalo from 1968-1995. In 2012, he was diagnosed with mesothelioma and filed this proceeding asking permission to serve a late notice of claim against the city. The plaintiff alleged asbestos exposure during his work at properties owned by the city and by the Board of Education. The city argued that leave should not be given to the plaintiff to file a late notice of claim because New York General Municipal Law Section 207-c provided the …

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Case Decisions / Discovery / New York
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Special Master Recommendation Upheld Denying Plaintiff’s Discovery Requests

Plaintiff Lori LoGiudice developed mesothelioma and brought suit, alleging her disease was caused by her use of asbestos-containing Cashmere Bouquet talcum powder made by Colgate-Palmolive. The only other defendants were suppliers of asbestos-containing talc to Colgate. After the Special Master denied certain discovery requests made by the plaintiff, the plaintiff moved for relief. The court affirmed the recommendations made by the Special Master.

At issue was one request for production involving conversations between Dr. Marie Capdevielle and individuals interviewed by her in preparation for her …

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Case Decisions / New York / Summary Judgment
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Pump Manufacturer’s Motion for Summary Judgement Denied Because Burden of Proof Unsatisfied

Plaintiffs Patrick and Joy Demartino brought suit against various defendants after Patrick Demartino developed mesothelioma. Defendant Aurora Pump Company moved for summary judgment, arguing that it did not use or sell external asbestos-containing gaskets. The court denied this motion.

It was undisputed that during the plaintiff’s time of alleged exposure to Aurora pumps while working at Walker-Prismatic from 1975-1986, Aurora used and sold asbestos-containing gaskets. The plaintiff testified that his only source of asbestos exposure from Aurora pumps was from replacement of external flange gaskets. …

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Case Decisions / New York / Summary Judgment
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Pump Manufacturer Granted Summary Judgment for Plaintiff’s Failure to Establish Sufficient Exposure

Plaintiff-Decedent William Holzworth filed suit against various defendants in the New York Supreme Court on July 9, 2012 alleging personal injuries pursuant to his diagnosis of mesothelioma allegedly caused by his occupational exposure to asbestos. Specifically, Holzworth alleged exposure to asbestos-containing products during this employment, both as a sonarman serving in the U.S. Navy between 1952 and 1955, and as a construction and project manager between 1963 and 2007. The defendants removed this action to the U.S. District Court for the Southern District of New …

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