LATEST INSIGHTS

The law concept background.
New York / Summary Judgment
Posted by:

Defendant Denied Summary Judgment on Punitive Damages for Failure to Provide Case-Specific Support

Jurisdiction: Supreme Court of New York, New York County

Plaintiff Kevin Burns filed an asbestos-related lawsuit against numerous defendants, including Burnham, testifying that while he worked as a plumber he was exposed to asbestos insulation and rope from the removal and installation of Burnham boilers from approximately 1958 to the early 1980s.

Burnham moved for summary judgment on plaintiff’s punitive-damages claim, arguing that plaintiff failed to establish Burnham’s conduct rose to the level of egregious and morally culpable conduct necessary for an award of punitive damages. …

Continue Reading
Judge chamber with gavel
New York / Summary Judgment
Posted by:

ALCOA Denied Summary Judgment Where Question of Fact Exists

Jurisdiction: Supreme Court of New York, New York County

This action was filed on behalf of decedent, Kenneth Last, alleging he was exposed to asbestos while working for general contractor, ALCOA Inc., n/k/a ARCONIC Inc., at the World Trade Center during the 1970s. ALCOA filed a motion for summary judgment arguing the fire-proofing material used at the World Trade Center during decedent’s employment was non-asbestos containing.

The court notes that summary judgment is a drastic remedy and should only be granted if the moving party …

Continue Reading
Judge chamber with gavel
Summary Judgment
Posted by:

Defendant Shipyard Unsuccessful on Summary Judgment under 5th Circuit Precedent

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

Plaintiff Felton Robichaux brought this asbestos-related lawsuit claiming he was exposed to asbestos through his work as a land-based insulator and carpenter at Avondale Shipyard from 1961 to 1979. In January 2022, Robichaux was diagnosed with mesothelioma and filed the instant action in Civil District Court for the Parish of Orleans. Robichaux brought state law tort claims against Avondale. Because Robichaux was primarily exposed to asbestos while working on United States Navy ships at Avondale Shipyard, …

Continue Reading
Courtroom, Gavel And Law Books
Judgment
Posted by:

Court Denies Post-Trial Motions Following Plaintiff’s Verdict

Supreme Court of New York, New York County; August 28, 2023

This matter involved plaintiff James McWilliams, who worked as a steamfitter from 1960 until his retirement in 1996. He claimed that his work consisted of installing heating, air conditioning, and sprinkler systems, including the installation of new piping systems and the renovation of existing systems. This work, he alleged, required him to install, maintain, and repair valves, some of which he identified as Jenkins. In September 2018, the plaintiff was diagnosed with mesothelioma and, …

Continue Reading
Wooden judge gavel, close-up view.
Bankruptcy Trusts
Posted by:

2023 Second Quarterly Asbestos Bankruptcy Trust Alert

Many bankruptcy trusts expanded their approved jobsite lists in the second quarter of 2023, allowing compensation for more individuals who claim to have an asbestos-related injury. However, as can be seen below, many trusts also have decreased their payment percentages. In fact, only two bankruptcy trusts have increased their payment percentages during the 2nd quarter of 2023, while five bankruptcy trusts decreased their payment percentages. 

The cause of the decreased payment percentages is mostly likely due to rising costs of inflation and an increase …

Continue Reading
Wooden judge gavel, close-up view.
Motion for Summary Judgment / New York
Posted by:

Court Denies Defendant’s Motion for Summary Judgment

Jurisdiction: Supreme Court of New York, New York County

In this matter, Rockwell Automation, Inc. sought to dismiss the action against them on grounds that the plaintiff was not exposed to asbestos from burners manufactured by its predecessor, Timken-Detroit Axle Company.

When it comes to making a determination as related to a summary judgment motion, the court’s role is “issue-finding, rather than issue-determination.” Sillman v Twentieth Century-Fox Film Corp., 3 NY2d 395, 404, 144 N.E.2d 387, 165 N.Y.S.2d 498 (1957) “The proponent of a summary …

Continue Reading
Business and lawyers discussing contract papers with brass scale on desk
Illinois / Punitive Damages
Posted by:

Punitive Damages Now Allowed in Illinois Wrongful Death Cases

KEY TAKEAWAYS:

  • Illinois Gov. J.B. Pritzker has signed into law HB 219 to allow punitive damages to be recoverable in wrongful death and survival actions.
  • Punitive damages are now recoverable in wrongful death claims on cases filed on or after August 11, 2023, and punitive damages may be sought on existing cases on the effective date.
  • This legislation will drastically affect wrongful death cases statewide, as it adds a new avenue of recovery.

Illinois was one of 16 states that did not allow for the …

Continue Reading
Closeup of a sculpture with balance
California / Personal Jurisdiction
Posted by:

Plaintiffs’ Fraud and Loss of Consortium Claims in Shipyard Action Dismissed; Various Other Claims Remain

U.S. District Court for the Southern District of California

In this asbestos action, decedent Dennis Freeman worked as an insulation contractor at shipyards in several states, including California, from approximately 1980 into the mid-1990s. Several defendants moved to dismiss certain claims in the plaintiffs’ complaint, as well as moved to dismiss the plaintiffs’ complaint in its entirety.

Defendant BAE Systems San Diego Ship Repair Inc. (BAE) challenged the court’s subject-matter jurisdiction of this action. However, drawing all reasonable inferences in the plaintiffs’ favor, the court disagreed. …

Continue Reading
Business and lawyers discussing contract papers with brass scale on desk
Failure to State a Claim / Motion to Dismiss
Posted by:

Boiler Manufacturer’s Motion to Dismiss Denied

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

In this asbestos action, boiler defendant Burnham LLC was sued for a variety of claims, including failure to warn, loss of consortium, and punitive damages. Burnham moved to dismiss the claims, arguing the plaintiff failed to plead with particularity.

A motion to dismiss for failure to state a claim “will generally depend upon whether or not there was substantial compliance with CPLR 3013”; that is, if the allegations are not “sufficiently particular to give the …

Continue Reading
Law theme. Judge chamber.
New York
Posted by:

Defendant’s Attempt to Obtain Tissue Sample for Digestion Testing Denied

Court: Supreme Court of New York, New York County

In this asbestos action, plaintiff Almando Rodney underwent a pleurectomy. Defendant Mercedez-Benz USA LLC (MBUSA) moved to seek an out-of-state subpoena in order to retrieve a portion of Rodney’s tissue sample from a Florida hospital. MBUSA also moved to permit its expert to perform digestion studies on the tissue block.

The plaintiff opposed on two grounds. Plaintiff noted that the Note of Issue had been filed. In addition, the plaintiff submitted an affidavit from Rodney’s treating …

Continue Reading