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Asbestos NY Supreme Court

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Court Reverses Denial of J&J’s Motion for Summary Judgment on Causation Grounds

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Court: Supreme Court of New York, Appellate Division, First Department - The Supreme Court of New York, Appellate Division, First Department earlier this week unanimously granted defendants Johnson & Johnson and LTL...more

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Court Denies Valve Manufacturers Summary Judgment 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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New York Court Grants Valve Manufacturer’s Motion for Summary Judgment Based on Lack of Personal Jurisdiction

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Court:  Supreme Court of New York State, Erie County - Plaintiff Ronald McInnis worked as a career union pipefitter from the 1970s-2010s. A native of Chatham, New Brunswick, plaintiff spent the vast majority of his career...more

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New York Jury Awards $600,000 in Mechanic’s Mesothelioma Case

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New York Supreme Court – New York County In this asbestos action, plaintiff Michael C. Wagner filed a lawsuit in the Supreme Court of New York – New York County, alleging occupational exposure to asbestos because of his...more

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Jury Awards Verdict against Automotive Manufacturer; No Punitive Damages Found

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Court: Supreme Court of the State of New York, County of New York (NYCAL) - A jury earlier this month awarded a plaintiff’s verdict in the Supreme Court of the State of New York, County of New York (NYCAL)....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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Caulking Manufacturer’s Motion for Summary Judgment on Causation Grounds Denied

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Court: Supreme Court of New York, New York County (NYCAL) - In this asbestos matter, decedent, Anna M. Buczynski, alleged exposure to asbestos from laundering the clothing of her former husband, Anthony Buczynski. From 1976...more

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Boiler Manufacturer’s Motion for Partial Summary Judgment on Punitive Damages Claims Denied

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Court: Supreme Court of New York, New York County (NYCAL) - In this asbestos action, defendant Burnham LLC moved for partial summary judgment to dismiss plaintiffs’ punitive damages claim. Specifically, Burnham argued that...more

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Plaintiff’s Causation Expert Must Identify Subjects of Talc Causation Studies

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Court: Supreme Court of the State of New York, Appellate Division, First Judicial Department - The Supreme Court of the State of New York, Appellate Division, First Judicial Department recently determined that a causation...more

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Defendants’ Motion to Dismiss Based upon Statute of Limitations Denied

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Jurisdiction: Supreme Court of New York, New York County - On July 22, 2021, plaintiffs filed a complaint alleging asbestos exposure. Plaintiffs’ complaint specifically claims that asbestos exposure caused plaintiff Victoria...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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Holding Company’s Motion to Dismiss on Personal Jurisdiction Grounds Granted

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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...more

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Putty Manufacturer and Talc Disturber’s Motion to Dismiss on Causation Grounds Denied

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Court: Supreme Court of New York, New York County (NYCAL) - In this asbestos action, plaintiff Jennifer Peganis alleged take-home exposure to asbestos from laundering her husband’s work clothing. Defendant Donald Durham...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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Motion for Summary Judgment Denied as Defendant Failed to Prove Lack of Causation

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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...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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Talc Defendant Unsuccessful on Summary Judgment

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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...more

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

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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...more

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Valve Manufacturer Fails to Meet Burden for Summary Judgment

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Jurisdiction: Supreme Court of New York, New York County - Defendant Atwood & Morrill Co. Inc. moved for summary judgment to dismiss this action on the grounds that plaintiff Giuseppe Rullo was not exposed...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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Plaintiff’s Motion for Joint Trial Denied

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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

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First Department Affirms Jury Verdict against Valve Manufacturer

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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

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Defendant’s Motion for Summary Judgment Based on Workers’ Compensation Defense Denied

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Jurisdiction: Supreme Court of New York, New York County - Defendant Morse Diesel Inc. filed a motion for summary judgment on the basis that plaintiff Matthew D’Alessio’s claims were barred by New York State Worker’s...more

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Glove Manufacturer Denied Summary Judgment in NYCAL

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Court: Supreme Court of New York, New York County - In this asbestos action, decedent Giacinto Pira alleged he was exposed to asbestos from gloves manufactured by defendant Steel Grip....more

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