Category: New York

New York / Other Asbestos News
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New York’s Grieving Families Act May See First Update In Over 100 Years

The current wrongful death statute in New York, which has been in place since 1847, may get a revamp in the coming months. Senate Bill S74A, also known as the Grieving Families Act (“the Act”) is currently awaiting Governor Kathy Hochul’s signature. Full language of the statute is available here.

If signed, the Act will expand compensable damages in wrongful death actions to include emotional losses such as grief and anguish to the types of damages that family members would be entitled to recover. …

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New York / Summary Judgment
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Plaintiff’s Motion to Reargue Trailer Manufacturer’s Summary Judgment Motion Denied

Supreme Court of the State of New York, County of New York, June 29, 2022

In this asbestos action, plaintiffs filed a motion for leave to reargue a motion for summary judgement filed by defendant Strick Trailers, LLC (“Strick”), which was granted on October 13, 2021.

By way of background, the plaintiff, James Martinez, alleged he was exposed to asbestos from replacing brakes on delivery trailers manufactured by Strick. Plaintiff was unable to testify as to the maintenance history of Strick trailers, nor did he …

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New York / Summary Judgment
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Pump Manufacturer Successful on Summary Judgment

Supreme Court of New York, Suffolk County, June 6, 2022

Plaintiffs Lisa and Edward Gavin filed a lawsuit to recover damages for the injuries Lisa allegedly sustained as a result of exposure to asbestos-containing products manufactured or sold by defendants during her employment with Courter and Company from 1978 to 1980.

Defendant Sterling Fluid Systems LLC (USA), moved for summary judgment dismissing the complaint against it, arguing that the plaintiff did not allege asbestos exposure from its pumps, and that there was no evidence that …

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Motion to Dismiss / New York
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Court Grants Equipment Manufacturer’s Motion to Dismiss for Lack of Personal Jurisdiction and Denies Plaintiffs’ Request for Jurisdictional Discovery

State of New York, Supreme Court, County of Monroe, May 16, 2022

Plaintiffs John and Jayne Gaub commenced an asbestos-related lawsuit on February 22, 2021, against several defendants, including Textron, Inc., sued individually and as alleged successor to Bridgeport Machines, Inc. (defendant) for damages from personal injuries from Mr. Gaub’s alleged asbestos exposure from various products, including brakes changed in his presence on Bridgeport machines. All of Mr. Gaub’s work with and around Bridgeport products occurred in Pennsylvania and Ohio. Mr. Gaub was diagnosed with …

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Maritime/Admiralty Law / New York / Summary Judgment
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Motions for Summary Judgment in Jones Act Matter Denied on Statute of Limitations and Causation Grounds

United States District Court for the Southern District of New York, May 9, 2022

In this asbestos action, decedent Carlo Badamo served on several vessels during his time as a merchant marine from 1944 to 1955. Thereafter, he alleged that he developed asbestos-related cancer and brought a claim under the Jones Act. Three defendants: Farrell Lines, Chiquita, and Chevron, brought motions for summary judgment contending that the decedent’s claim is barred by the three-year statute of limitations. The defendants assert that the decedent underwent X-ray …

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Appeal / Expert Challenges / New York
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Appellate Court Reverses Plaintiff’s Verdict on Causation Grounds

New York Court of Appeals, April 26, 2022

The plaintiff’s decedent, Florence Nemeth, was diagnosed with peritoneal mesothelioma in 2012 and passed away in 2016. She and her husband filed suit against numerous defendants, alleging that Ms. Nemeth’s exposure to asbestos-containing products throughout her lifetime caused her mesothelioma. Ms. Nemeth was deposed prior to her death, but died prior to trial. The plaintiff settled with all defendants prior to trial with the exception of Whittaker, Clark & Daniels (Whittaker), the entity that the plaintiff alleged …

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Motion to Dismiss / New York
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Court Finds Plaintiff Properly Alleges Successor Liability to Survive Motion to Dismiss

Supreme Court of New York, New York County, April 24, 2022

The defendant, PB Heat LLC, filed a motion to dismiss the plaintiff’s complaint and a motion to impose sanctions. The plaintiff filed suit against PB Heat claiming exposure to asbestos, arguing that the doctrine of successor liability is applicable to PB Heat. PB Heat moved to dismiss for failure to state a claim, and moved for sanctions for alleged frivolous conduct. PB Heat argued the complaint lacked any factual allegations that could possibly warrant …

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New York / Statute of Limitations
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Claim Accrues Upon Learning of Asbestos-Related Disease, Not Symptoms Manifesting

Supreme Court of New York, New York County, March 14, 2022

In this matter, plaintiff Dominic Baldi worked as an electrician in public schools and was exposed to asbestos throughout his career. The plaintiff filed the Notice of Claim on April 10, 2020, putting the defendant, Amityville Union Free School District, on notice of this matter. Subsequently, the plaintiff filed the instant order to show cause on August 23, 2021, to serve a late Notice of Claim upon Amityville.

Amityville argues that, in a case …

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New York / Summary Judgment
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Denial of Floor Tile Manufacturer’s Motion for Summary Judgment

Supreme Court of New York, New York County, March 29, 2022

From 1964 to the early 1970s, the plaintiff worked as a carpenter with his brother-in-law and the Carpenter’s Union, Local 257.  From 1969 to his retirement in 2007, he worked as a carpenter at commercial and residential locations throughout New York.  The plaintiff was diagnosed with lung cancer in March 2020.  The plaintiff filed a lawsuit premised on his exposure to Goodyear floor tile that he encountered during the late 1960s and early 1970s.  …

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Asbestos Litigation Analysis / New York
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New York Manages to Remain a “Judicial Hellhole” in 2021

While trials and in person court conferences are starting to trickle in, some jurisdictions such as New York still managed to hold its position as a judicial hellhole in 2021. According to American Tort Reform Foundation 2021-22 Judicial Hellholes, California regained its position to the top of the judicial hellhole list. Following California, New York was named as the second judicial hellhole. Georgia, Philadelphia Court of Common Pleas and the Supreme Court of Pennsylvania followed. Cook, Madison, and St. Clair Counties in Illinois; Louisiana; …

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