Category: Punitive Damages

Superior Court of California, County of Los Angeles

In this asbestos action, defendant Rheem Manufacturing Company filed a motion for summary judgment, and alternatively summary adjudication, arguing that the plaintiffs do not have evidence that the relevant plaintiff was exposed to asbestos from Rheem products.

To show that a plaintiff cannot establish an element of a cause of action, a defendant must make the initial showing that the plaintiff does not possess, and cannot reasonably obtain, needed evidence. A plaintiff’s deposition testimony that he has …

Superior Court of California, County of Los Angeles

In this asbestos action, the court considered various defense motions.

Defendant Western Auto Supply company filed a request opposing punitive damages, arguing that the plaintiffs cannot prove that it acted with oppression, malice or fraud. Summary judgment or summary adjudication on the issue of punitive damages is proper only when no reasonable jury could find the plaintiff’s evidence to be clear and convincing proof of malice, fraud or oppression.

For a corporate defendant, the oppression, fraud or …

Supreme Court of New York, New York County, January 12, 2022

The defendant Graybar Electric Company filed a motion for partial summary judgment, arguing that the plaintiff’s claim for punitive damages ought to be dismissed citing that punitive damages are inappropriate because the plaintiff only encountered Graybar’s product once during his career. The plaintiff’s opposition argued that issues of fact remain regarding the plaintiff’s exposure to asbestos-containing cement pipe that was sold and distributed by Graybar. The plaintiff contended that Graybar merely pointed to gaps …