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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First New York State Appellate Level Additur Decision Issued New York Supreme Court, Appellate Division, September 13, 2018

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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Trial Subpoenas to Settling Parties Allowed to Issue For Liability Apportionment Supreme Court, State of New York, County of Erie, Eighth Judicial District, September 5, 2018

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 State of New York Supreme Court, County of Monroe, August 3, 2018

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 U.S.District Court for the Southern District of New York, July 27, 2018

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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New Jersey Talc Manufacturer’s Motion to Dismiss New York Case With Exposure In Virginia Granted Supreme Court of the State of New York, New York County, July 27, 2018

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…
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In-State Business Activities Unrelated to Asbestos Personal Injury Claims Ruled Insufficient to Confer Personal Jurisdiction Supreme Court of New York, June 16, 2018

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…
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Defendant’s Joinder Denied; Parallel Suits Allowed in Federal and State Court United States District Court, S.D.N.Y, June 21, 2018

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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Recent NYCAL Trends in the 2017 & 2018 Accelerated Clusters

The current state of asbestos litigation in New York City (NYCAL) continues to evolve as both the plaintiffs’ bar and defense bar deal with a revised Case Management Order (CMO) and judicial turnover. For a better understanding of the types of claims that are actually being litigated in NYCAL, and what firms are filing these claims, we can look at the current filing trends under the “cluster” procedure that is used in this jurisdiction. The CMO explains there are three dockets used in NYCAL: (1)…
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Allegations of “Information and Belief” Interrogatory Answers Insufficient to Overcome Summary Judgment Supreme Court of the State of New York, Fifth Judicial District, May 23, 2018

NEW YORK — The decedent Julia Sgarlata’s estate brought suit against various companies alleging that she was exposed to asbestos while employed as an inspector, and as a shipping and receiving manager at Diemolding Corporation in New York State from 1955 to 1990, causing her peritoneal mesothelioma. The court issued a written decision on its April 19, 2018 grant of summary judgment for defendant Cytec Engineering, f/k/a American Cyanamid as successor to Fiberite (Fiberite), finding no evidence that the decedent was ever in the presence…
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