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Motion for Summary Judgment Denied under Sophisticated User and Purchaser Doctrine

Court: United States District Court for the Eastern District of Louisiana - In this asbestos action, plaintiff Ted Matherne Sr. worked at the Avondale Shipyards. In addition, defendant Hopeman Brothers Inc. placed Micarta...more

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...more

Corporate Representative Affidavit Found Insufficient in Connection with NYCAL Summary Judgment Motion

Court: Supreme Court of New York, New York County - In this asbestos action, decedent Willie Hollingsworth alleged he was exposed to asbestos from valves manufactured by Clow. Defendant McWane Inc., on behalf of its...more

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....more

Pipe Manufacturer Denied Summary Judgment in NYCAL

Supreme Court of New York, New York County - In this asbestos action, decedent Rudolf Horvath alleged that he was exposed to asbestos from Bondstrand pipes manufactured by the defendant, Ameron International. Ameron moved...more

NYCAL Judge Grants Joint Trial of Two Asbestos Cases

Jurisdiction: Supreme Court of New York, New York County - In this asbestos action, plaintiffs seek to join the Munna and LaMonica cases for joint trial. First, the court noted that the NYCAL CMO provides that two cases...more

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...more

Mid-Year Asbestos Filing Update for 2023

On Thursday, KCIC posted their 2023 Mid-Year Asbestos Filings Update. This update is compiled using information collected through July 31. Here are some highlights from the update...more

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....more

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...more

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...more

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....more

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...more

Appeals Court Affirms NYCAL Judge’s Denials of Motions to Dismiss on Successor Liability Grounds

Court: Supreme Court of New York, Appellate Division, First Department - Defendant P.B. Heat previously moved to dismiss multiple complaints in New York City Asbestos Litigation (NYCAL) cases…...more

Jury Award of $36 Million Affirmed against Contractor

Court: Court of Appeal of Louisiana, Fourth Circuit - In this asbestos action, plaintiff William Walker alleged asbestos exposure from working as a pipefitter and welder for Level 3 Holdings Inc. f/k/a Peter Kiewit &...more

Delaware Court Applying Ohio law Upholds Duty to Warn on Brake Grinding Machine Defendant

Court: Superior Court of Delaware, New Castle - In this asbestos action, decedent Donald Jordonek used brake lathes and grinders manufactured by AMMCO while working at a tire center in Ohio from 1972 until 1999. The...more

Clutch Manufacturer Obtains Summary Judgment on Medical Causation Grounds

Court: Supreme Court of the State of New York, Nassau County - In this asbestos action, plaintiff Donna Daniell alleged asbestos exposure from working near auto mechanics, including her husband, Robert, while they used...more

Shipyard’s Motion to Exclude Plaintiff’s Causation Experts Denied

U.S. District Court for the Eastern District of Louisiana - As previously reported on Asbestos Case Tracker, plaintiff Frank Ragusa alleges that he developed mesothelioma from asbestos exposure. Defendant Huntington...more

Joint Compound Defendant Post-Trial Motions Denied

Court: Supreme Court of the State of New York, County of New York - In this asbestos action, Munir Seen alleged he developed mesothelioma from asbestos exposure from various products, including joint compound from...more

Case Remanded to California State Court; Plaintiff Awarded Motion Costs and Fees

Court: United States District Court for the Northern District of California - In this asbestos action, plaintiff Gary Haeck sued several defendants for causes of action in strict products liability, negligence, fraud, and...more

Automobile Manufacturer Denied Summary Judgment as Corporate Representative Affidavit Deemed Insufficient

Court: Supreme Court of New York, New York County - In this asbestos action, the defendant, Francesco Carboni, alleged asbestos exposure working on automobiles for Zumbach Sports Cars. The defendant, Porsche Cars North...more

Pump Manufacturer Obtains Partial Summary Judgment

Court: Supreme Court of New York, Appellate Division, Third Department - In this asbestos action, the plaintiff, Albert Howard, contends that he developed mesothelioma following his service in the United States Navy from...more

Valve Defendants Obtain Summary Judgment on Causation

U.S. District Court for the Central District of California - In this asbestos action, decedent John Carpenter worked as a marine machinist at the Long Beach Naval Shipyard from 1973 until 1984, when he became a...more

Removal of Case Based on the Federal Officer Removal Statute by Shipyard Defendant Upheld

United States District Court for the District of Louisiana - In this asbestos action, the plaintiff, Wilson Goffner Sr., alleged he developed lung cancer as a result of his work as a shipfitter at the Avondale Shipyard...more

Appellate Division Reverses Trial Court’s Denial of Dismissal of Punitive Damages Claim

Supreme Court of New York, Appellate Division, First Department - Plaintiffs Victor Arana and Romeo Maffei, both allege asbestos exposure from working with asbestos cement pipe previously distributed by the defendant, J-M...more

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