Speculative Testimony Fails to Establish Railroad Defendant Directed Tile Work

Supreme Court of New York, New York County, January 10, 2022

In this asbestos action, the plaintiff Ernest Cummings alleges that his lung cancer was caused by his exposure to asbestos dust when he worked as a train conductor with the Long Island Railroad from 1971 to 1996. During this time, he made stops at Penn Station, of which the defendant Amtrak took ownership in 1976. The plaintiff testified that during his more than two-decade career, all of his train routes went through Penn Station …

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Auto Manufacturer’s Motion for Summary Judgment Denied on Reargument

Supreme Court of New York, New York County, December 29, 2021

In this asbestos action, the plaintiffs filed a motion to reargue a previous decision that granted defendant Nissan’s motion for summary judgment based on misidentification of their product. By way of background, Nissan argued that Nissan brand vehicles could not have contributed to the plaintiff’s alleged asbestos exposure because Nissan did not manufacture Nissan brand vehicles until three years after the plaintiff’s alleged exposure. The court agreed and granted Nissan’s motion for summary judgement. …

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Court Grants Jurisdictional Discovery from Foreign Defendant Following Personal Jurisdiction Motion

Supreme Court of New York, New York County, December 27, 2022

In the matter of Pira v. Air & Liquid Sys. Corp., defendant Steel Grip, Inc., filed a motion to dismiss the plaintiff’s case for lack of personal jurisdiction. With regard to specific jurisdiction, the defendant argued that it did not sell, distribute, or manufacture any products in the state of New York, and that all of the plaintiff’s alleged exposure to asbestos occurred on Italian cruise ships. With regard to general jurisdiction, the …

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Denial of Summary Judgment to Flooring Defendants Affirmed on Motions to Reargue

Supreme Court of New York, New York County, December 6, 2021

Defendants American Biltrite and Mannington Mills moved to reargue their motions for summary judgment, arguing that the court overlooked and misapprehended facts in denying the same. On the motions to reargue, the court first found that both defendants failed to establish that the court misapprehended or overlooked the facts or law when it found that issues of fact existed to preclude summary judgment.

The defendants argued that the court mistakenly relied upon the report …

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Plaintiffs Granted Jurisdictional Discovery from Valve Manufacturer Following Personal Jurisdiction Motion

Supreme Court of New York, New York County, December 2, 2021

The defendant, Jenkins Bros, moved to dismiss the plaintiffs’ complaint for lack of personal jurisdiction. Specifically, Jenkins argued that it is not incorporated in New York, does not have its headquarters in New York, and does not maintain its principal place of business in New York. The plaintiff opposed the motion, and filed a cross-motion seeking jurisdictional discovery.

The plaintiff argued that the deposition transcript of Jenkins’ corporate representative, David Boisvert, demonstrated that Jenkins …

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Court Grants Tile Maker’s Motion to Dismiss Finding No Basis for Specific Jurisdiction

Supreme Court of New York, Suffolk County, October 28, 2021

In this matter, the plaintiff, Kathleen DiFranco, sued to recover damages for personal injuries allegedly incurred by the decedent as a result of exposure to products containing asbestos through his work as a carpenter. The plaintiff alleged the decedent was exposed to asbestos while working with floor tiles containing asbestos made by the defendant, American Biltrite, Inc.

The defendant filed motions to dismiss the plaintiff’s claims against it based on lack of personal jurisdiction. The …

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Trial Court’s Denial of Motion to Seal Redacted Memo of In-House Counsel Affirmed by Appellate Division

Supreme Court of New York, Appellate Division, First Department, December 2, 2021

We previously reported on a dispute concerning the discoverability of a defendant’s redacted, as well as unredacted memorandum from the defendant’s in-house counsel to its president. In 2016, a New York trial court held that privilege was waived by the defendant as to both the redacted and unredacted memo. In 2017, the New York Appellate Division, First Department, modified the trial court’s decision. They agreed that privilege was waived as to redacted memo, …

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First Department Affirms NYCAL Consolidation Decision

Supreme Court of New York, Appellate Division, First Department, November 16, 2021

In this asbestos action, the Supreme Court of New York, Appellate Division, First Department, affirmed a September 2020 New York City Asbestos Litigation (NYCAL) decision to consolidate two asbestos exposure actions. The court noted that each exposure action involves common questions of law and fact, and that the defendants have not established that they will be prejudiced by a joint trial of the actions.

In reaching its decision, the court cited the following …

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Boiler Manufacturer Denied Summary Judgment Due to Undetermined Exposure Location

Supreme Court of New York, New York County, November 5, 2021

In this asbestos action, the plaintiff Ferris O. Tyron alleged exposure to asbestos from Foster Wheeler products. In response, Foster Wheeler moved for summary judgment, asserting that New Jersey law is proper for this action, and, as such, the New Jersey Statute of Repose bars any alleged exposure attributable to Foster Wheeler products.

In support of their motion for summary judgment, Foster Wheeler asserted that the majority of the plaintiff’s employment locations were in …

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Various Manufacturers Denied Summary Judgment on Causation and Product Identification Grounds

Supreme Court of New York, Nassau County, November 17, 2021

In this asbestos action, plaintiff Frank Randazzo alleged exposure to asbestos from the following: (1) personally working on Rockwell brakes, (2) breathing in dust on his father’s clothing when his father worked with Cleaver-Brooks boilers and burners, and (3) from Perkins gaskets. Each of the aforementioned defendants moved for summary judgment, alleging that Randazzo could not have been exposed to their products.

To establish causation, a plaintiff must establish that a toxin is capable of …

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