News & Analysis as of

Motion for Summary Judgment Asbestos Litigation

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Court Denies Valve Manufacturers Summary Judgement Motion - Update

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Supreme Court of New York, New York County - Plaintiff Raymond Lee, as administrator for the estate of the decedent, Jim Lee filed a lawsuit in the Supreme Court of New York, New York County alleging decedent was exposed to...more

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NY Court Grants Defendant’s Motion for Summary Judgment Following Improper Service in Illinois Action

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Jurisdiction:  Supreme Court of New York, New York County - In a New York City asbestos action, defendant Tishman Liquidating Corporation moved for summary judgment to dismiss plaintiff’s complaint, arguing the plaintiff’s...more

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Plaintiff’s Testimony and Defendant’s Affidavit Conflict, Summary Judgment Denied

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Court: Supreme Court of New York, Albany County - Plaintiff Warren Stouch brought this asbestos action in February 2020, claiming he was exposed to asbestos at his jobs, including through the use and wear of asbestos...more

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Motion for Summary Judgment Denied as Plaintiff Failed to Establish De Facto Merger Doctrine

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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...more

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Defendant’s Motion for Summary Judgment Denied Due to Conclusory Affidavits

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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...more

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Grant of Summary Judgment to Aluminum Plant Owner Reversed

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Jurisdiction: Court of Appeals of Iowa - We previously reported on this matter involving the decedent, Charles Beverage, who was employed as an independent contractor at an aluminum plant between the 1950s and the mid-1970s....more

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

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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

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

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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

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District Court Denies Aviation Defendant’s Motion for Summary Judgment

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Jurisdiction:  United States District Court for the Southern District of Florida - Decedent John McCabe died from malignant epithelioid mesothelioma in January 2023, following a career as an aircraft mechanic. His estate...more

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Motion for Summary Judgment of Valve Manufacturer Denied

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Plaintiff-Decedent John Gonder alleged exposure to asbestos during his employment as a Con Edison inspector between the 1970s and 1990s. He died in May 2021 at 86 years old from lung cancer. Defendant Jenkins Bros. filed a...more

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Motion for Summary Judgment of Gasket and Packing Manufacturer Granted in Part and Denied in Part

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Court: United States District Court for the Northern District of Illinois, Eastern Division - Plaintiffs Chloyde Pelton and Shirley Pelton sued Defendant John Crane Inc. for negligence, willful and wanton conduct, and...more

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Valve Manufacturer Succeeds on Motion for Summary Judgement

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Jurisdiction: Supreme Court of New York, New York County - Plaintiff filed this lawsuit alleging decedent suffered asbestos exposure from numerous product manufacturers during the course of his employment as a mechanic for...more

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Printing Press Manufacturers’ Motions for Summary Judgment Denied

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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

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Valve Manufacturer’s Motion for Summary Judgment Granted

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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

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

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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

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Plaintiff’s Expert Precluded under Rule 702, Talc Defendant’s Motion for Summary Judgment Granted

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4th Circuit US District Court - Plaintiff Patricia McElroy claimed asbestos exposure via talc-based beauty products from varying brands and asserted a cause of action based upon negligence and product liability, including...more

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Gasket Manufacturer’s Motions for Summary Judgment Granted, in part, Pursuant to Maritime Law

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Court - United States District Court for the Eastern District of Pennsylvania Plaintiff’s decedent, Joseph Pine, served as a fireman aboard the USS Constellation from 1965-1967. After he died from mesothelioma a month...more

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Pipe Manufacturer Denied Summary Judgment in NYCAL

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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

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Cosmetic Talc Manufacturer Denied Motion for Summary Judgment Regarding Punitive Damages

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Jurisdiction: Supreme Court of New York, New York County; October 5, 2023 - Plaintiff filed a lawsuit alleging her asbestos-related disease was caused by her use of talcum powder products manufactured by, among others,...more

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Boiler Manufacturer’s Motions for Partial Summary Judgment as to Punitive Damages Denied

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Court: Supreme Court of New York, New York County - Defendant Burnham LLC filed motions for partial summary judgment with respect to punitive damages in two actions, DeRoy and Giuliano, on the basis that asbestos exposure...more

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Engine Defendant’s Motions for Summary Judgment Denied

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Court: Supreme Court of New York, New York County - Defendant Perkins Engines Inc. filed motions for summary judgment in two actions, Frederick and Nankervis. In Frederick, Perkins filed its motion based upon a lack of...more

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Court Issues Final Orders Regarding Various Motions of Automotive Defendants

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Jurisdiction: Superior Court of California, County of Los Angeles - Defendants Mercedes-Benz USA LLC, Morse Tec LLC, and American Honda Motor Co. Inc. filed various motions for summary judgment, or in the alternative...more

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Court Denies Defendant’s Motion for Summary Judgment

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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...more

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Power Companies’ Motion for Summary Judgment Denied

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Court: Supreme Court of New York, New York County Long Island Lighting Company (LILCO) is a subsidiary of Long Island Power Authority (LIPA). LIPA was created “to remedy LILCO’s conduct as a private electric provider” by...more

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Water Heater Manufacturer Denied Summary Judgment as Corporate Representative Affidavit Deemed Insufficient

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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

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