U.S. District Court, Eastern District of New York: Asbestos Cases

Our case-law library holds 5 asbestos decisions from the U.S. District Court, Eastern District of New York (1989–2013). Each links to our summary and the full opinion.

• Kind of court: Federal district court

Decisions

• McCormick v. Burnham (In re Asbestos Litigation) (2013). The court granted the defendants' in limine motion in substance, ruling that Kansas law governs the McCormick claims, including comparative fault and $250,000 caps on non-economic damages, and ordered a verdict sheet and jury charge.
• Falise v. American Tobacco Co. (2000). The court granted the tobacco defendants summary judgment on the Trust's RICO settlement, litigation and investment claims and related conspiracy claims, but denied it on the RICO direct payment claim and the New York fraud claim, and denied dismissal on preemption.
• Penny v. United Fruit Co. (1994). The court dismissed the widow's asbestos claims against Cunard Steam, Elders, Royal Mail and Shaw Savill for lack of personal jurisdiction (and alternatively on forum non conveniens), and granted summary judgment to United Fruit, United Brands, Furness Withy Group and Furness Withy.
• Kreppein v. Owens-Illinois (In re New York Asbestos Litigation) (1990). The court granted Owens-Illinois' motion for reconsideration, held the widow's claims against it barred by collateral estoppel, and vacated the judgment as to it; it denied the JNOV, new trial and remittitur motions of U.S. Mineral, Eagle-Picher and Celotex, leaving the verdict against them in place.
• Rummo v. The Celotex Corp. (In re Joint Eastern & Southern Dist. Asbestos Lit.) (1989). The court held that the jury's alternative award of $775,000 for lost future earnings, based on pre-injury work-life expectancy, was proper against Celotex and upheld it for plaintiff Frank Rummo.