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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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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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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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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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Court Denies Motions for Summary Judgment for Valve and Pump Manufacturers

Jurisdiction: Supreme Court of New York, New York County

Plaintiff Robert L. Toth worked at various Consolidated Edison powerhouses from 1961 to 1991 as a sheet metal worker. He was diagnosed with lung cancer in 2019 and he alleged his illness was the result of asbestos exposure. He brought suit against numerous pump, valve, and gasket companies amongst other industrial manufacturers. Defendants Crosby Valve LLC and Milton Roy Company — (collectively “defendants”) — both moved for summary judgment. They argued plaintiff failed to identify either as a manufacturer of …

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Talc Defendant Unsuccessful on Summary Judgment

Jurisdiction:  Supreme Court of New York, New York County

Plaintiff Lita Goldstein was diagnosed in March 2022 with mesothelioma.  She initiated a suit against several defendants in May 2022, including Kolmar Laboratories Inc. Kolmar moved for summary judgment on two points. First, it argued plaintiff failed to establish she was exposed to any asbestos-containing product manufactured by Kolmar.  Second, Kolmar argued that any such product it had manufactured was done so per the specifications of Johnson & Johnson and as such, Kolmar could not be liable. …

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New York Law Applied for Service Standard in Case Where Wisconsin Law Applied in Part

In the recent Agnew decision, the court had to decide on National Tinsel’s motion to dismiss. National Tinsel is an artificial snow company incorporated in Wisconsin which was being sued in New York. National Tinsel filed for corporate dissolution, which began in June 2021 when it was published for state-wide circulation. Per Wisconsin statute, this publication began the running of a 2-year period in which all claims must be filed, which would close on June 26, 2023. Plaintiffs in the New York action filed their …

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Talc Manufacturer’s Motion to Dismiss for Failure to State a Claim Granted

U.S. District Court for the Eastern District of Missouri, Eastern Division

Decedent Carole Zicklin passed away from mesothelioma in September 2021. The decedent’s daughters subsequently filed a wrongful death lawsuit against a number of defendants, including PTI Union, LLC. The lawsuit alleged that the decedent was exposed to asbestos from talcum powder products that she “wore and used on a daily basis throughout her life in New York City” and during the course of her employment “at the locations mentioned above” from “large amounts of …

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Avon Files for Bankruptcy to Address Talc Lawsuits

Court: U.S. Bankruptcy Court for the District of Delaware

Avon Products Inc., a U.S.-based “non-operational” holding company, announced Monday that it is seeking Chapter 11 bankruptcy protection to “address its debt and legacy talc liabilities.” In recent years, hundreds of talc lawsuits have been filed against Avon. Its court filings state the company no longer has “sufficient liquidity to litigate and/or settle” any other talc case and that Avon expects the number of lawsuits to “only increase absent a permanent solution.” Avon indicated it intends …

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Plaintiff Opposes and Succeeds on Defendant’s Motion for Summary Judgment

Jurisdiction: Supreme Court of New York, New York County

Defendant Kennedy Electrical Supply Corp. moved for summary judgment seeking to dismiss this action on the grounds that plaintiff was not exposed to asbestos from any Kennedy products during his employment with Con Edison from 1963 through 2005.

Specifically, Kennedy argued that because plaintiff recanted his identification of Kennedy as an asbestos-containing product during his deposition, plaintiff could not establish causation. Plaintiff opposed, arguing that Kennedy failed to meet their prima facie burden on causation that exposure to Kennedy’s products …

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