Asbestos Case Tracker

July 28, 2023 New York / Summary Judgment

Supplier’s Motion for Summary Judgment on Causation Denied

Court: Supreme Court of New York, New York County

In this asbestos action, defendant Dykes Lumber moved for summary judgment, arguing it established a prima facie case for lack of causation under Nemeth v. Brenntag. Plaintiff Raphael Sason opposed the motion.

First, the court set forth the summary judgment standard, including that “the proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to eliminate any material issues of fact …

July 28, 2023 Motion to Dismiss / New York

Posted by: Elizabeth M. Lautenbach

Door Manufacturer’s Motion to Dismiss Denied

Court: Supreme Court of New York, New York County

In this asbestos action, defendant T.M. Cobb moved to dismiss plaintiff James Witte’s complaint against them for lack of personal jurisdiction. T.M. Cobb argued that it did not have connections to New York as it did not sell products, nor conducted business, in New York State. In support of its motion, T.M. Cobb relied on the deposition testimony of Jeffrey Cobb. Plaintiff opposed T.M. Cobb’s motion, contending that Witte identified working with T.M. Cobb doors in …

July 21, 2023 California / Summary Judgment

Posted by: Susan R. Allen-Robbins

Appeals Court Upholds Summary Judgment in Favor of Cooling Tower Manufacturers

Court: Court of Appeals of California, First Appellate District, Division One

Decedent Daniel Ochoa worked as a HVAC technician and pipefitter beginning in the 1970s. His work involved extensive maintenance on cooling towers throughout southern California. He was diagnosed with mesothelioma and commenced this action prior to his passing. His widow Joe Ann Ochoa and Arianna Alyssa Huerta were substituted as plaintiffs. Plaintiffs appealed from a summary judgment entered in favor of defendants Baltimore Aircoil Company (BAC) and SPX Cooling Technologies Inc. (SPX).

At his …

July 21, 2023 California / Lack of Personal Jurisdiction / Motion to Quash

Posted by: Jessica Saad

Product Manufacturer and Supplier’s Motion to Dismiss on Personal Jurisdiction Grounds Denied

Court: Superior Court of California, County of Los Angeles

In this asbestos action, plaintiffs James Manns, David Papworth, Carie Edwards, Shauna Papworth, Jami Hoffman, and Robee Green filed this action alleging Debra Manns developed mesothelioma as a result of exposure to asbestos from Master Industries Worldwide LLC’s products.

In November 2022, plaintiffs dismissed Master Industries Worldwide, LLC and amended their complaint to substitute Master Industries Worldwide LLC as successor-in-interest to Master Industries Inc. On January 11, 2023, defendants Master Industries Worldwide LLC filed a motion to quash service …

Business and lawyers discussing contract papers with brass scale on desk

July 21, 2023 New York

Posted by: Elizabeth M. Lautenbach

NYCAL Judge Grants Joint Trial of Three Asbestos Cases

Court: Supreme Court of New York, New York County

In this asbestos action, plaintiff’s counsel filed an order to show cause to join three cases for one joint trial: Cinfo, Morie, and Toscani. Defendants opposed the order to show cause. In NYCAL, the controlling case to determine whether cases should be joined for trial is Malcolm v. National Gypsum. Under Malcolm, the following factors are used to determine whether joinder is appropriate, including:

(1) common worksites;

(2) similar occupation;

(3) similar …

July 21, 2023 New York / Summary Judgment

Posted by: Elizabeth M. Lautenbach

Automotive Parts Supplier’s Motion for Summary Judgment Denied

Court: Supreme Court of New York, New York County

In this asbestos action, plaintiff Joseph Munna alleged asbestos exposure from his work as an automobile mechanic from the 1970s until the 1990s. During this time, he alleged that he obtained asbestos-containing parts from Advance Auto.

Advance moved for summary judgment, contending that Munna was not present or involved in the ordering of any products from Advance. Advance also contended that they did not operate in two areas during the time where Munna claimed to have …

July 21, 2023 Arizona / Expert Testimony / Summary Judgment

Posted by: Asbestos Case Tracker

Partial Exclusion of Expert Opinion Leads to Summary Judgment for Talc Defendant

Court: Superior Court of Arizona, Maricopa County

In this asbestos action, plaintiff Jeffrey Weiss alleges that he developed mesothelioma as a result of his use of various brands of talcum powder products from 1979 to 2011. Plaintiffs assert that asbestos is an accessory mineral that may be naturally present in talc. Defendants recognize that some scientists claim to have identified asbestos fibers in cosmetic talc powders. Defendants further argue that, even if some fibers in talc are considered to be asbestos, it has not been …

July 14, 2023 New York / Summary Judgment

Posted by: Elizabeth M. Lautenbach

Water Heater Manufacturer Denied Summary Judgment as Corporate Representative Affidavit Deemed Insufficient

Court: Supreme Court of New York, New York County

In this asbestos action, decedent Christopher Yohe alleged exposure to asbestos from Bradford White water heaters while working as a plumber from the 1980s to the 2000s. Bradford White moved for summary judgment, arguing the water-heater parts identified by Yohe did not contain asbestos. Bradford White submitted an affidavit in support of its motion. Plaintiff opposed this motion on the grounds that Bradford White’s affidavit was insufficient to meet Bradford White’s burden. In addition, Bradford White …

July 13, 2023 California / Significant Verdicts

Posted by: Quincy Conrad

$107 Million Verdict Awarded in Mesothelioma Case Against Raw Asbestos Supplier

Jurisdiction: Superior Court of California, County of Los Angeles

A California jury on July 7 and July 11 handed down major verdicts with awards totaling more than $100 million in a case involving the death of maintenance employee from mesothelioma caused by his alleged exposure to asbestos.

Comprised of $32 million in compensatory damages, and $75 million in punitive damages, the awards came at the conclusion of a two-phase trial before Judge Cary Nishimoto in Los Angeles County Superior Court.

The jury apportioned liability as …

July 7, 2023 Summary Judgment

Posted by: Elizabeth M. Lautenbach

Plaintiff’s Action for Mesothelioma Barred by Res Judicata Due to Language in Prior Release

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

In this asbestos action, decedent Felton Robichaux alleged occupational exposure to asbestos at the Avondale Shipyards from 1961 until 1979. Robichaux filed the first complaint in Civil District Court for the Parish of Orleans in October 1999. Robichaux settled his claims with multiple defendants, including General Electric, IMO, and Viacom (Cross Defendants).

Thereafter, Robichaux developed mesothelioma and filed a second complaint in January 2022. The plaintiff directly sued several defendants, including General Electric, Viacom, and Avondale …