Category: Punitive Damages

Court: Supreme Court of New York, New York County (NYCAL)

In this asbestos action, defendant Burnham LLC moved for partial summary judgment to dismiss plaintiffs’ punitive damages claim. Specifically, Burnham argued that asbestos exposure from its boilers would fall below TLV or PEL/OSHA limits, and that it never received workers’ compensation claims for asbestos-related disease.

Ultimately, the court determined that plaintiff proffered evidence that demonstrated Burnham failed to warn plaintiff about the hazards of asbestos. Per the court, a reasonable juror could find that Burnham’s …

Supreme Court of New York, New York County

In this asbestos action, defendant Burnham, LLC moved for partial summary judgment to dismiss the plaintiff’s punitive damages claim on the basis that any alleged asbestos exposure from Burnham boilers would fall below TLV or PEL/OSHA limits, and that Burnham did not have workers’ compensation claims for asbestos-related disease.

The court, however, determined that “Burnham has plainly not met their burden at summary judgment.” According to the court, TLV/OSHA standards have “little bearing on plaintiff’s unequivocal and …

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 …