LATEST INSIGHTS

The law concept background.
Motion to Dismiss / New York
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Appellate Division Reverses Denial of Door Manufacturer’s Motion to Dismiss

Supreme Court of New York, Appellate Division, First Department

In July 2023, the trial court denied a door manufacturer’s motion to dismiss. Upon appeal, the Supreme Court, Appellate Division, First Department found that defendant T.M. Cobb Company’s motion to dismiss should have been granted for lack of personal jurisdiction.

The court held that “there is no evidence that the fire doors that allegedly caused the decedent plaintiff’s injury by exposing him to asbestos were manufactured in New York.” The court also stated that T.M. …

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Massachusetts / Personal Jurisdiction
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Gasket Manufacturer’s Motion to Dismiss on Personal Jurisdiction Granted

Court: United States District Court for the District of Massachusetts

Plaintiffs Robert and Judith Gillis of Massachusetts filed this action against numerous defendants in Massachusetts state court, alleging the defendants caused Robert Gillis to be exposed to asbestos and to, thereafter, develop mesothelioma.

Defendant John Crane Inc. filed a notice of removal with the United States District Court for the District of Massachusetts. After filing a motion to amend their complaint, the plaintiffs named PBV Inc. and Copeland Corporation LLC as additional defendants. Copeland is …

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The law concept background.
Civil Conspiracy / Motion to Dismiss / Punitive Damages
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Talc Defendants’ Motion to Dismiss Punitive Damages Claim Granted; Motion to Dismiss Civil Conspiracy Claim Denied

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

In this asbestos action, plaintiff Michael Simoneaux initially filed suit against his former employers for alleged asbestos exposure. He later amended his complaint to include Mennen and Johnson & Johnson (hereinafter, “Talc Defendants”), asserting that from the 1960s until 2000 he consistently used Mennen Baby Magic and Johnson & Johnson Baby Powder, and that these products contained asbestos. In response, the Talc Defendants moved to partially dismiss the complaint as to the punitive damages claim, asserting …

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Consolidation
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Plaintiff’s Order to Show Cause Seeking Joint Trial Granted

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

In this asbestos action, the plaintiff moved for a joint trial of two actions: Rullo v. ABB. Inc., et al. and Scandaliate v. ABB Inc., et al. In NYCAL. Two cases may be joined for trial where the plaintiff demonstrates that joinder is warranted under Malcum v. National Gypsum Co., 995 F.2d 346 (2nd Cir. 1993). Under Malcum, the following factors are to be considered: (1) common worksites; (2) similar occupation; (3) similar …

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Summary Judgment
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Three Manufacturers’ Motions for Summary Judgment Denied for Failure to Meet Initial Burden

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

In this asbestos action, defendants Union Carbide Corporation, Domco Product Texas Inc., and The Goodyear Tire & Rubber Company moved separately for summary judgment on the basis that plaintiff Josip L. Radovic failed to identify them as manufacturers of any asbestos-containing products that he was allegedly exposed to during the course of his work as a laborer installing floor tiles in various buildings in the Rockefeller Center complex between 1970 and 1979. The court denied each …

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Summary Judgment
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General Contractor’s Motion for Summary Judgment Denied

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

In this asbestos action, defendant Arconic, Inc. f/k/a Alcoa, Inc., (Alcoa) moved for summary judgment on the basis that asbestos-containing fireproofing material was not used at the World Trade Center during the plaintiff’s employment and that Alcoa, as a general contractor, did not supervise or control the plaintiff’s work as a sub-contractor employee. Plaintiff decedent, Kevin Ryder, opposed, noting that a general contractor can be held liable for an injury when it has actual or constructive …

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Causation / Judgment Notwithstanding the Verdict
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$107 Million Asbestos Verdict Set Aside after Findings of Misconduct

Court: Superior Court of California, County of Los Angeles, Civil Division

In this asbestos action, a California state court set aside a $107 million verdict against defendants Union Carbide Corp., Elementis Chemicals Inc. and E.F. Brady Inc. after findings of misconduct by jurors and plaintiff’s counsel. 

Plaintiff Joel Hernandezcueva filed suit against a number of defendants in 2011, alleging he was exposed to asbestos fibers while cleaning dust during renovations during his employment at a mixed-use development, and that this exposure caused his mesothelioma diagnosis. …

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New York / Summary Judgment
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Talc Defendant Denied Summary Judgment in NYCAL

Court: Supreme Court of New York, New York County

In this talc action, plaintiff Christina Thomas alleged she was exposed to asbestos from products manufactured by defendant Port Jervis Laboratories Inc., s/h/a Kolmar Laboratories, Inc.

Kolmar moved for summary judgment, arguing plaintiff had not established she was exposed to asbestos from a Kolmar product which caused her illness. Defendant further argued that it manufactured the products per the specifications of Johnson & Johnson. 

Plaintiff opposed Kolmar’s motion, citing defendant’s concession that they manufactured the product …

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New York / Summary Judgment
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Boiler Manufacturer Denied Summary Judgment in NYCAL

Court: Supreme Court of New York, New York County

In this asbestos action, decedent Anthony Morale alleged he was exposed to asbestos from boilers manufactured by defendant Fulton Boiler Works. Fulton moved for summary judgment, arguing it could not have caused or contributed to plaintiff’s injury. In support, Fulton proffered a corporate representative affidavit “to indicate that Fulton boilers did not require the type of servicing/assembly noted in [Morale’s] testimony and were not sold for use in the environments of Morale’s exposure.” Plaintiff opposed Fulton’s …

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New York / Summary Judgment / Supreme Court of New York
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Caulk and Plaster Manufacturer Denied Summary Judgment in NYCAL

Court: Supreme Court of New York, New York County

In this asbestos action, decedent Jose Munoz alleged that he was exposed to asbestos from caulk and plaster manufactured by defendant DAP.

DAP moved for summary judgment, arguing that “not all DAP caulks historically contained asbestos, no DAP plaster product contained asbestos, and that plaintiff’s causation for mesothelioma is insufficient.” In support of its motion, DAP submitted affidavits from a DAP former employee and a certified industrial hygienist. Plaintiff opposed DAP’s motion, citing plaintiff’s testimony identifying DAP products, as well …

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