Category: Summary Judgment

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Hearsay / Joinder / Summary Judgment
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NY Court Grants Defendant’s Motion for Summary Judgment Following Improper Service in Illinois Action

Jurisdiction:  Supreme Court of New York, New York County

In a New York City asbestos action, defendant Tishman Liquidating Corporation moved for summary judgment to dismiss plaintiff’s complaint, arguing the plaintiff’s decedent’s deposition testimony could not be used against it at trial. Tishman stated it was a necessary party to an action plaintiff commenced in Illinois and that the use of the decedent’s testimony would constitute inadmissible hearsay. Such testimony would therefore prejudice Tishman in the New York case because Article 16 bars it from presenting evidence of …

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Punitive Damages / Summary Judgment
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Boiler Manufacturer’s Motion for Partial Summary Judgment on Punitive Damages Claims Denied

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 …

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Causation / Summary Judgment
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Caulking Manufacturer’s Motion for Summary Judgment on Causation Grounds Denied

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

In this asbestos matter, decedent, Anna M. Buczynski, alleged exposure to asbestos from laundering the clothing of her former husband, Anthony Buczynski. From 1976 to 2000, Mr. Buczynski used caulking and glazing products manufactured by DAP Inc. in various homes he shared with Ms. Buczynski, as well as for servicing customers of his hardware business. Mr. Buczynski testified that asbestos dust from the caulking and glazing products would cover his clothing, and that Ms. Buczynski …

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Louisiana / Summary Judgment
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Court Denies Plaintiff’s Attempt to Reinstate Prior Claim of Post 1969 Exposure

U.S. District Court for the Eastern District of Louisiana

Plaintiff Robert Stephen Sentilles was diagnosed with mesothelioma in October 2020. He filed his suit asserting negligence and strict liability claims against several defendants, including Avondale. Plaintiff alleged his illness was the result of asbestos exposure from the 1950s to the 1980s. More specifically, he alleged take-home exposure from his father and brother during their employment at Avondale, and from direct exposure from his own employment at Avondale.

Avondale filed three motions for partial summary judgment …

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North Carolina / Summary Judgment
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Multiple Motions Granted in Part for Summary Judgment and to Strike Evidence

United States District Court for the Northern District of California

In this wrongful death action, it is claimed that Decedent William Ankiel Jr. had exposure to asbestos-containing equipment during his service aboard a Navy vessel.

Mr. Ankiel served in the U.S. Navy as a boiler room technician aboard the USS Hollister from October 1975 to April 1978. As part of his work, he operated the boilers in the fire rooms, repaired equipment such as valves, pumps, and boilers, and cleaned machinery spaces for general upkeep. …

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Causation / Motion to Dismiss / New York / Summary Judgment
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Putty Manufacturer and Talc Disturber’s Motion to Dismiss on Causation Grounds Denied

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

In this asbestos action, plaintiff Jennifer Peganis alleged take-home exposure to asbestos from laundering her husband’s work clothing. Defendant Donald Durham Company moved to dismiss the action on the basis that plaintiff failed to establish causation. Defendant Vanderbilt Minerals LLC jointed Durham’s motion to dismiss, arguing that Vanderbilt’s only connection to the action is due to its talc being a component ingredient in Durham’s water putty.

The moving defendants relied upon three experts: (1) Brittani …

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New York / Personal Jurisdiction / Summary Judgment
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Holding Company’s Motion to Dismiss on Personal Jurisdiction Grounds Granted

Court: Supreme Court of New York County (NYCAL)

In this asbestos action, defendant Burnham Holdings Inc. moved to dismiss the complaint against it on personal jurisdiction grounds. Specifically, BHI asserted that it is a holding company that was incorporated in Delaware with a principal place of business in Pennsylvania. BHI further argued that as a holding company, it never placed any products in the stream of commerce and thus, has no ties to the state of New York.

In opposition, plaintiff argued that BHI is …

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New York / Summary Judgment
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Motion for Summary Judgment Denied as Plaintiff Failed to Establish De Facto Merger Doctrine

Jurisdiction: Supreme Court of New York, New York County

This action arises out of plaintiff Hydraulic IP Holdings LLC’s attempt to enforce a judgment entered against non-party Grace Apparel LLC. Plaintiff’s complaint alleges that the operation of Grace ceased, and assets were transferred to continue operation through successor entities, defendants GBrands Holding LLC and CC Apparel LLC, to avoid Grace Apparel’s creditors.

Plaintiff moved for summary judgment against defendants GBrands and CC on the first cause of action, successor liability. Defendants opposed and cross-moved for …

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New York / Summary Judgment
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Motion for Summary Judgment Denied as Defendant Failed to Prove Lack of Causation

Jurisdiction: Supreme Court of New York, New York County

Plaintiff John P. Reeves alleges asbestos exposure from, among other things, the asbestos-containing caulk of defendant DAP Inc. while serving in the U.S. Navy aboard the USS Forrestal from 1961 to 1964. He also alleges exposure from the caulking work he performed on various occasions in his home, and from DAP asbestos-containing window glazing while renovating his home between 1966 and 1967. 

Plaintiff claims this asbestos exposure resulted in his diagnosis of lung cancer in 2019.  …

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New York / Summary Judgment
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Defendant’s Motion for Summary Judgment Denied Due to Conclusory Affidavits

Jurisdiction: Supreme Court of New York, New York County

DAP filed a motion for summary judgment by arguing plaintiff cannot sufficiently demonstrate DAP’s exposed him to asbestos. DAP contends that it did not manufacture or sell any product that resembles the product described by plaintiff. Thus, according to DAP, plaintiff cannot establish that he was exposed to asbestosfrom its products. In support, DAP proffers, inter alia, two affidavits of Mr. Ward Treat, who contends that DAP did not manufacture, sell, or supply the products described …

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