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Court Vacates $15m Verdict against Joint Compound Manufacturer; Upholds Evidentiary Rulings

Court: Supreme Court of New York, Appellate Division, First Department - In November 2023, a jury awarded plaintiff $15m for past pain and suffering and found defendant Kaiser Gypsum Company 70-percent liable. Kaiser...more

Talc Defendant’s Motion for Summary Judgment Based on Texas Law Granted on Appeal

Court: Supreme Court of New York, Appellate Division, First Department - In September 2023, the trial court denied talc defendant Colgate-Palmolive Co.’s motion for summary judgment to dismiss the complaint against it. On...more

Court Denies Railway Company’s Renewed Motion for Spoliation; Agrees to Bifurcate Trial

Court: United States District Court for the District of Montana, Great Falls Division In connection to defendant Burlington Northern Santa Fe Railway Company’s ongoing litigation in Libby, Montana (covered extensively by the...more

First Department Affirms Denial of Pipe Manufacturer’s Motion for Summary Judgment

Court: Supreme Court of New York, Appellate Division, First Department - In this asbestos action, decedent Rudolf Horvath alleged that he was exposed to asbestos from Bondstrand pipes manufactured by defendant, Ameron...more

Appellate Court Affirms Finding of Liability against Talc Defendant; Vacates Apportionment of Liability

Court: Superior Court of Pennsylvania - In this asbestos action, appellant American International Industries (AII) appealed from a judgment entered in December 2022 awarding damages to appellee, Holly Fisher, executrix of the...more

Boiler Manufacturer’s Motion for Partial Summary Judgment re: Punitive Damages Denied

Supreme Court of New York, New York County - In this asbestos action, defendant Burnham, LLC moved for partial summary judgment to dismiss the plaintiff’s punitive damages claim on the basis that any alleged asbestos exposure...more

Boiler Manufacturer’s Motion for Summary Judgment Denied

Supreme Court of New York, New York County (NYCAL) - In this asbestos action, plaintiff Thomas Bassier alleged that he suffered injury as a result of exposure to asbestos-containing products manufactured by various companies...more

Premises Defendant’s Motion to Dismiss for Failure to State a Claim Granted

Plaintiff Marvin Evans was diagnosed with lung cancer in September 2022. Subsequently, the plaintiff sued a number of defendants in the Civil District Court for Orleans Parish, alleging that his lung cancer was caused by...more

Plaintiff’s Motion for Joint Trial Denied

Court: Supreme Court of the State of New York, New York County (NYCAL) - This asbestos matter involves a motion filed by plaintiff to consolidate two asbestos actions....more

First Department Affirms Jury Verdict against Valve Manufacturer

Court: Supreme Court of New York, Appellate Division, First Department - In this asbestos action, defendant Jenkins Bros. sought a judgment notwithstanding the verdict, a new trial, or remittitur of a verdict awarding...more

Texas Appellate Court Reverses Summary Judgment in Take-Home Exposure Case

Court: Court of Appeals of Texas, Fourteenth District, Houston - In this asbestos action, a Texas Appellate Court reversed and remanded the grant of a no-evidence summary judgment motion as to defendant Howmet Aerospace Inc.,...more

Plaintiff’s Motion to Compel Shipbuilding Defendant’s Corporate Representative Deposition Denied

U.S. District Court for the Eastern District of Louisiana - In this asbestos action, Vanessa Matherne Richardson filed suit alleging that her mother passed away from mesothelioma, which was contracted through exposure to...more

Printing Press Manufacturers’ Motions for Summary Judgment Denied

Court: Supreme Court of New York, New York County (NYCAL) - In this asbestos action, defendants L3Harris Technologies Inc. and Heidelberg USA Inc. moved separately for summary judgment, arguing that plaintiff Raymond...more

Valve Manufacturer’s Motion for Summary Judgment Granted

Court: Supreme Court of New York, New York County (NYCAL) - In this asbestos action, defendant Crosby Valve LLC moved to dismiss the action on the grounds that plaintiff John B. Daly Jr. was not exposed to asbestos from...more

Governor Hochul Vetoes Bill Requiring Foreign Corporations to Consent to General Jurisdiction in New York Courts

On December 22, 2023, New York Gov. Kathy Hochul vetoed Senate Bill S7476, which provided that a foreign corporation’s application for authority to do business in New York constitutes consent to jurisdiction of New York...more

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...more

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...more

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...more

General Contractor's Motion for Summary Judgment Denied in NYCAL

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...more

$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...more

Court Denies Asbestos Committee’s Motion for Leave to Appeal Bankruptcy Court’s Denial Order Regarding George-Pacific

Court: United States District Court for the Western District of North Carolina, Charlotte Division - As previously reported here in the Asbestos Case Tracker, in 2017 Bestwall LLC became solely responsible for all...more

Floor Tile Manufacturer’s Motion for Renewal Denied on Causation Ground

Court: Supreme Court of New York, New York County - Defendant Mannington Mills Inc. moved for renewal of its previously denied motion for summary judgment, arguing the New York Court of Appeals’ Nemeth decision has since...more

Summary Judgment Denied as to Cloth and Boiler Manufacturers in Robichaux Mesothelioma Matter

Court: United States District Court for the Eastern District of Louisiana - In ACT’s continuing coverage of the Robichaux mesothelioma matter pending in the United States District Court for the Eastern District of...more

NJ Appellate Court Reverses $223.8 J&J Talc Verdict on Causation Grounds

Court: The Superior Court of New Jersey, Appellate Division - Johnson & Johnson has successfully appealed a $223.8 judgment against it following a trial involving allegations of asbestos-contaminated talcum powder in...more

HVAC Defendant Summary Judgment Motion on Causation Grounds Denied

Court: Supreme Court of New York, New York County (NYCAL) - In this asbestos action, defendant SPX Cooling Technologies Inc., individually and as successor to Marley Cooling Technologies Inc., moved for summary judgment,...more

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