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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Consolidated Flooring Corp. v. Environmental Control Board

The case involves a petitioner contractor found to have violated asbestos control program regulations by the Environmental Control Board. The violation stemmed from disturbing asbestos without proper containment and protection measures. The court reviewed the determination, confirming the Board's findings. Consequently, the petitioner's request was denied, and the related CPLR article 78 proceeding was dismissed. The court emphasized that asbestos abatement regulations apply even when the presence of asbestos is not initially suspected.

asbestos controlenvironmental regulation violationcontractor liabilitypublic health and safetyworker protectionadministrative determination reviewjudicial review of agency actionArticle 78 proceedingregulatory complianceasbestos abatement activities
References
2
Case No. MISSING
Regular Panel Decision
Apr 26, 2016

The Matter of New York City Asbestos Litigation , Doris Kay Dummitt v. A.W. Chesterton , The Matter of Eighth Judicial District Asbestos Litigation , Joann H. Suttner v. A.W. Chesterton Company

This New York Court of Appeals opinion addresses the scope of a manufacturer's duty to warn regarding dangers arising from the use of its product in combination with a third-party product. The Court held that such a duty exists when the third-party product is necessary for the manufacturer's product to function as intended, whether due to design, mechanics, or economic necessity, and the danger is known and foreseeable. Applying this rule, the Court affirmed judgments against Crane Co. in two separate asbestos litigations, finding that Crane had a duty to warn users of its valves about asbestos exposure from third-party sealing components. The decision clarified the balance of risks and costs in products liability law.

Product LiabilityFailure to WarnAsbestos ExposureMesotheliomaManufacturer DutyCombined Product UseForeseeability of HarmEconomic NecessityComponent Parts DoctrineStrict Liability
References
91
Case No. 2020 NY Slip Op 04437 [186 AD3d 401]
Regular Panel Decision
Aug 06, 2020

Matter of New York City Asbestos Litig. v. Air & Liquid Sys. Corp.

This case, part of the New York City Asbestos Litigation, involved claims from William E. Robaey and Marlena Robaey against Federal-Mogul Asbestos Personal Injury Trust, among others, for peritoneal mesothelioma caused by asbestos exposure from gaskets. A jury awarded significant damages for pain and suffering and loss of consortium. On appeal, Federal-Mogul challenged the sufficiency of evidence for specific causation and the weight of the evidence. The Appellate Division, First Department, affirmed the finding of specific causation, distinguishing the facts from prior rulings, particularly Juni. However, the court found the damages for past pain and suffering and past loss of consortium materially deviated from reasonable compensation and ordered a new trial on those damages unless the plaintiff agreed to a stipulated reduction.

Asbestos LitigationMesotheliomaToxic TortSpecific CausationExpert TestimonyDamages RemittiturPain and SufferingLoss of ConsortiumAppellate ReviewJury Verdict
References
16
Case No. 90 Civ. 8473, 92 Civ. 3900, 92 Civ. 3901
Regular Panel Decision

Asbestos Litigation

Defendant Raymark Industries, Inc. moved to dismiss, stay, or transfer four of six consolidated asbestos actions. The plaintiffs in these actions (Greff, Moore, McPadden, Strafford, Ciletti, Conway) alleged exposure to asbestos causing diseases like mesothelioma and lung cancer. Raymark based its motion on claims of insufficient service of process, ineffective amendment of complaints to include Raymark as a defendant, and the applicability of abstention doctrine due to parallel state court proceedings for Ciletti and Strafford. The court denied all aspects of Raymark's motion. It found that the plaintiffs had complied with service requirements under New York Business Corporation Law § 307 and that the amendment adding Raymark as a defendant was authorized by a standing Case Management Order for asbestos litigation, overriding the need for specific court leave. Furthermore, the court determined that the conditions for federal abstention under the Colorado River doctrine were not met, upholding the federal court's obligation to exercise its jurisdiction. The court also clarified that Raymark was indeed joined to the Greff and Moore actions through a prior consolidation order, despite Raymark's bankruptcy stay arguments.

Asbestos LitigationMultidistrict LitigationMotion to DismissService of ProcessAmended ComplaintFederal Rules of Civil Procedure 15(a)Abstention DoctrineColorado River AbstentionParallel State and Federal ProceedingsJurisdiction
References
20
Case No. 2018 NYSlipOp 08059
Regular Panel Decision
Nov 27, 2018

Matter of New York City Asbestos Litig. v. A.O Smith Water Prods. Co.

This case involves an appeal in the New York City Asbestos Litigation where Mary Juni, as administratrix of Arthur H. Juni, Jr.'s estate, sued Ford Motor Company. Mr. Juni, who died of mesothelioma, was an auto mechanic exposed to asbestos from Ford vehicles. The core issue was whether the evidence sufficiently established that Ford's conduct was a proximate cause of Mr. Juni's injuries, particularly concerning the toxicity of asbestos in friction products after being subjected to high temperatures during manufacturing and use. The Court of Appeals affirmed the Appellate Division's order, finding the evidence insufficient to establish proximate causation under existing legal standards, specifically a missing link in the proof regarding the toxicity of the altered asbestos. Concurring opinions further elaborated on the failure to establish a connection between Ford's products and the decedent's exposure or the general causation related to altered chrysotile asbestos. A dissenting opinion argued that the jury's verdict, finding Ford 49% liable, was supported by sufficient evidence and not 'utterly irrational,' highlighting the evidence of Mr. Juni's exposure to asbestos-laden dust from Ford vehicle parts and Ford's internal recognition of asbestos dangers.

Asbestos LitigationMesotheliomaProximate CauseProduct LiabilityToxicologyFriction ProductsChrysotile AsbestosExpert TestimonyJury VerdictAppellate Review
References
7
Case No. 2016 NY Slip Op 06557 [143 AD3d 483]
Regular Panel Decision
Oct 06, 2016

Matter of New York City Asbestos Litigation

This case, Matter of New York City Asbestos Litigation, involves an appeal by Crane Co. against a jury verdict awarding damages to Laraine Sweberg, as executrix of Ivan Sweberg, for mesothelioma caused by asbestos exposure. The Appellate Division, First Department, affirmed the jury's finding that Crane Co. was liable for failing to warn about asbestos hazards, as it promoted asbestos-containing materials alongside its products despite knowing the dangers since the 1930s. The court found sufficient evidence to support proximate causation and the submission of recklessness to the jury. However, the court modified the judgment regarding the award for future pain and suffering, conditionally vacating it and ordering a new trial unless the plaintiff stipulates to a reduced award of $4.5 million.

Asbestos LitigationMesotheliomaFailure to WarnProximate CauseJury VerdictDamages RemittiturFuture Pain and SufferingAppellate ReviewProduct LiabilityAsbestos Exposure
References
6
Case No. 87 Civ. 8085, 88 Civ. 4214, 90 Civ. 3473, 92 Civ. 3900, 92 Civ. 3901
Regular Panel Decision

In re Asbestos Litigation

Plaintiffs in five separate asbestos tort actions moved to consolidate their claims for trial, citing common questions of law and fact under Rule 42(a), Fed.R.Civ.P. The cases involve deceased individuals who allegedly contracted mesothelioma and/or lung cancer from asbestos exposure. District Judge Sweet considered the established eight-factor test, including common worksites, similar occupations, overlapping exposure periods (1940-1986), the nature of the diseases, and common counsel. The court found substantial similarities among the cases, concluding that consolidation would achieve significant economy by eliminating repetitive testimony and facilitating a fairer comparison of worksites. Consequently, the motion to consolidate the five actions was granted.

Asbestos LitigationMass Toxic TortsConsolidation of ActionsFederal Rule of Civil Procedure 42(a)MesotheliomaLung CancerCommon WorksiteSimilar OccupationTime of ExposureDeceased Plaintiffs
References
10
Case No. 13-08-00589-CV
Regular Panel Decision
Nov 10, 2010

National Union Fire Insurance Company of Pittsburgh, Pa and Industrial Risk Insurers v. John Zink Company Fisher Controls Company, Inc. Fisher Controls International, Inc. Fisher Controls Installation and Service Company And Valtek, Inc.

This litigation, stemming from refinery explosions and fires in the 1980s, involved an appeal by National Union Fire Insurance Company and Industrial Risk Insurers (the Insurers) against various contractors (the Contractors). The Insurers, as subrogees of Valero Energy Corporation, sought damages for product liability, negligence, breach of contract, and Deceptive Trade Practices Act (DTPA) violations. The core legal dispute centered on whether the Contractors qualified as 'subcontractors' under a master contract between Valero and M.W. Kellogg Construction Company, which contained extensive waiver and release provisions. The appellate court affirmed the trial court's final summary judgment, concluding that the Contractors were indeed subcontractors, the express negligence doctrine did not apply to the post-act release, and Valero had validly waived its DTPA claims, thereby binding its subrogees.

Contractual WaiversSubrogation RightsSummary Judgment AppealExpress Negligence RuleDeceptive Trade Practices ActParol Evidence Rule ApplicationJudicial AdmissionsConstruction ContractsInsurance LitigationThird-Party Beneficiary
References
31
Case No. 5 N.Y.3d 486
Regular Panel Decision
Oct 27, 2005

Matter of Nyc Asbestos Litig

Elizabeth Holdampf, wife of Port Authority employee John Holdampf, alleged she contracted mesothelioma from asbestos dust brought home on her husband's work clothes, which she laundered. The New York Court of Appeals considered whether the Port Authority, as an employer and landowner, owed a duty of care to a non-employee spouse for secondhand asbestos exposure. Reversing the Appellate Division, the Court concluded that no such duty of care exists, emphasizing the reluctance to extend liability to an indeterminate class of persons and the absence of a direct relationship between the Port Authority and Elizabeth Holdampf.

Asbestos ExposureDuty of CareEmployer LiabilityLandowner DutyThird-Party InjuryMesotheliomaNegligenceWorkplace ToxinsHousehold ExposureAppellate Review
References
17
Case No. 2024 NY Slip Op 02624 [227 AD3d 1516]
Regular Panel Decision
May 10, 2024

Viglietta v. Asbestos Corp. Ltd.

This case concerns an appeal by Hedman Resources Limited against a judgment awarding damages to Terri Viglietta for injuries sustained by Benedict Viglietta due to asbestos exposure. The appeal contested the Supreme Court's decision to quash a subpoena served on Occidental Chemical Corporation (OCC), the decedent's employer's predecessor-in-interest. Hedman sought OCC's testimony regarding asbestos exposure but the subpoena was quashed as OCC was a non-party and Hedman could not apportion liability to it. Additionally, Hedman challenged the denial of a jury instruction that OCC's failure to warn employees could be an intervening cause. The Appellate Division affirmed the judgment, concluding that quashing the subpoena was a proper exercise of discretion and that the employer's alleged failure to warn did not constitute an intervening cause to relieve Hedman of negligence.

Asbestos ExposureSubpoenaQuash SubpoenaNonparty WitnessIntervening CauseNegligenceJury InstructionAppellate ReviewDamages AwardDiscovery Matters
References
12
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