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

Our case-law library holds 51 asbestos decisions from the U.S. District Court, Southern District of New York (1983–2025). Each links to our summary and the full opinion.

• Kind of court: Federal district court

Decisions

• Gref v. American International Industries (2025). The court adopted the magistrate judge's report, granted plaintiff Gref's Rule 41(a)(2) motion to dismiss his claims against American International Industries with prejudice, and denied AII's request for fees and costs.
• Keller v. Exxonmobil Oil Corporation (2025). The court excluded the testimony of plaintiff's causation expert Dr. Kradin and granted summary judgment to defendant ExxonMobil Oil Corporation, dismissing Keller's Jones Act asbestos lung cancer claim; the other expert motions were denied as moot.
• Farris v. Avon Products, Inc. (2024). The magistrate judge recommended that the court grant the executor's motion and approve the $600,000 wrongful death settlement with Johnson & Johnson, LTL Management, the Pfizer Protected Parties and Bristol-Myers Squibb, plus $199,999.99 in attorney's fees and $39,758.58 in expenses.
• Gref v. American International Industries (2024). The court denied the defendants' joint motion to preclude plaintiff Gref's supplemental expert disclosures, finding the late disclosures unjustified but harmless, and said Dr. Moline's deposition could be reopened.
• Gref v. American International Industries (2024). The court said it would decide the motion to preclude Plaintiff's supplemental expert disclosures before ruling on Colgate-Palmolive's request for more time to depose Dr. Moline, and it terminated the request for more time (ECF No. 376) for the time being.
• Gref v. American International Industries (2024). The magistrate judge denied plaintiff Gref's motion for sanctions against defendant American International Industries, finding no bad faith in its pursuit of discovery about the identities of the 33 subjects in Dr. Moline's article.
• Ironshore Specialty Insurance Company v. Color Techniques, Inc. (2024). The court denied Color Techniques' motion for partial judgment on the pleadings seeking a declaration that insurer Ironshore must defend it in the California asbestos suits, so Ironshore won at this stage.
• Badamo v. Chevron USA Inc. (2022). The court denied the summary judgment motions of Farrell Lines, Chiquita and Chevron, so the executor's Jones Act claim over Badamo's lung cancer goes forward.
• Patterson v. Colon (2022). The court granted correctional officer Francisco J. Colon's motion to dismiss inmate Andre Patterson's Eighth Amendment claim over an alleged asbestos-related exposure, denied leave to amend again, and closed the case.
• Pritt v. Air & Liquid Systems Corporation (2022). The court denied General Electric's motion to exclude plaintiffs' industrial hygiene expert Dr. Tsai and denied as moot its motion to exclude Capt. Burger. It granted GE summary judgment on the Navy-service claims, denied it on the civilian electrician claims, and denied it on loss of consortium and punitive damages.
• Graham v. Bristol-Myers Squibb Company (2021). The court granted plaintiff Graham's motion to voluntarily dismiss her case without prejudice so she could refile in New York state court, over the objections of defendants including Revlon, and denied the pending motions to dismiss as moot.
• Paroni EX rel. Estate OF Paroni v. General Electric UK Holdings Ltd. (2021). The court held it lacked personal jurisdiction over defendant GE UK Holdings Ltd, granting its motion to dismiss, but gave plaintiff Elodie Paroni two weeks to move to transfer the case to California, failing which the case would be dismissed without prejudice.
• Paroni v. General Electric UK Holdings Ltd. (2021). The court granted plaintiff Elodie Paroni's unopposed motion and transferred the case against General Electric UK Holdings Ltd. to the Northern District of California to cure the lack of personal jurisdiction in New York.
• Phelps v. CBS Corporation (2021). The court granted Foster Wheeler's motion for summary judgment on all claims because plaintiff Phelps failed to show it had a duty to warn under maritime law, and administratively denied Foster Wheeler's four Daubert motions.
• In re Johns-Manville Corporation (2020). The district court affirmed the bankruptcy court's order enjoining Lydia Berry's asbestos claims against Graphic Packaging, ruling for Graphic Packaging and against Berry.
• McDaniel v. Revlon, Inc. (2020). The court granted plaintiffs Laura and Edward McDaniel's motion to voluntarily dismiss the case without prejudice under Rule 41(a)(2) over the objection of defendants WCD and Revlon, so plaintiffs could re-file in New York state court.
• Paroni EX rel. Estate OF Paroni v. Alstom SA (2020). The court granted plaintiff Elodie Paroni's request for jurisdictional discovery and denied Alstom SA's motion to dismiss for lack of personal jurisdiction without prejudice to renewal after discovery.
• Phelps v. CBS Corporation (2020). The court granted in part and denied in part Crane Co.'s motions to exclude plaintiff's experts (excluding part of the lost-earnings and fringe-benefit testimony) and denied Crane Co.'s motion for summary judgment, so the estate's claim against Crane Co. goes forward.
• Shanahan v. Kolmar Laboratories, Inc. (2019). The court granted Plaintiffs' motion to remand to New York state court, finding Johnson & Johnson had not shown Kolmar was fraudulently joined, and denied Plaintiffs' request for attorney's fees.
• Connor v. Brann (2018). The court granted the New York City Department of Correction officials' motion to dismiss the pro se prisoner's asbestos-exposure claims, and allowed him until November 5, 2018 to file a proposed amended complaint.
• Grimes v. CBS Corporation (2018). The district court denied defendant Crane Co.'s Rule 19 motion to require plaintiffs to join the defendants they had sued in a parallel state court action.
• US v. Silver (2018). The district court denied Sheldon Silver's motion to dismiss the Superseding Indictment on retrial, ruling for the United States on the limitations, quid pro quo, Hobbs Act and forfeiture challenges.
• Donohue v. CBS Corporation (2017). The district court denied the Donohues' motion to remand the case to New York state court, allowing removal by CBS Corporation (Westinghouse) and Crane Co. under the federal officer removal statute to stand.
• Simmons v. City of New York (2017). The court granted the City of New York, Warden Durante and Commissioner Ponte judgment on the pleadings and dismissed the pro se inmate's claims because he had not exhausted administrative remedies.
• Holzworth v. Alfa Laval Inc. (2016). The district court granted Burnham LLC's unopposed motion for summary judgment on all six causes of action, ruling against the plaintiff estate, and directed entry of judgment for Burnham.
• Holzworth v. Alfa Laval Inc. (2016). The court granted Ingersoll-Rand's unopposed motion for summary judgment on all six claims, ruling for Ingersoll and against the plaintiff estate representative, because there was no evidence the decedent was exposed to an Ingersoll asbestos product.
• Unterberg v. ExxonMobil Oil Corp. (2016). The court granted ExxonMobil's motion for summary judgment, dismissing the widow's Jones Act, seaworthiness and maintenance-and-cure claims against it, because ExxonMobil was neither the decedent's employer nor the owner of the vessels.
• US v. Silver (2016). The court granted in part and denied in part Sheldon Silver's motion, continuing his bail pending appeal because McDonnell raised a substantial question, and staying the fine and forfeiture only partly, on condition of monthly payments and no dissipation of assets.
• US v. Silver (2016). The court denied Sheldon Silver's Rule 29 motion for acquittal and Rule 33 motion for a new trial, leaving his convictions for honest services fraud, extortion and money laundering in place for the United States.
• Relyea v. Borg-Warner Corp. (2015). The court denied the defendants' motion in limine to exclude plaintiff's expert Dr. Ohar's causation testimony, and declined to rule on the "every exposure counts" challenge because defendants had not shown she relied on it.
• US v. Silver (2015). The court denied Sheldon Silver's motion to dismiss the Hobbs Act extortion, honest services fraud and money laundering counts, and ordered the Government to provide a limited bill of particulars on the mailings and wires or show cause why not.
• Viera v. BASF Catalysts LLC (2015). The district court granted the defendants' (BASF, Superior Materials and Whittaker, Clark & Daniels) motion to transfer the widow's wrongful death action from the Southern District of New York to the Middle District of Florida over plaintiff Viera's objection.
• In re Quigley Company, Inc. (2011). The district court reversed the Bankruptcy Court and held that the Law Offices of Peter A. Angelos could pursue its Pennsylvania § 400 apparent-manufacturer claims against Pfizer, because the claims were outside the amended channeling injunction.
• Surre v. Foster Wheeler LLC (2011). The court granted Crane Co.'s motion for summary judgment and dismissed with prejudice plaintiff John Surre's claims against Crane, holding Crane had no duty to warn about asbestos insulation it did not make or sell.
• Curry v. American Standard, Inc. (2009). The district court denied plaintiff Michael Curry's motion to remand, keeping the case in federal court on Foster Wheeler's federal officer removal.
• IN the Matter of United States Lines Inc. (2006). The district court affirmed the Bankruptcy Court's order expunging the proofs of claim of merchant mariners Murphy, White and Keating as untimely under the Rolling Bar Date Order, in favor of the U.S. Lines Trust.
• Nesbiet v. General Electric Co. (2005). The court denied Nesbiet's motion to remand to state court, holding that General Electric properly removed the case under the federal officer removal statute, and ruled GE's stay motion moot.
• Pack v. Artuz (2004). The district court adopted the magistrate judge's report and granted summary judgment to the prison officials (Artuz, Haponick, Richards and Gastin), dismissing inmate Charles Pack's asbestos-exposure complaint in its entirety.
• Crawford v. Artuz (2001). The district court granted summary judgment to the Green Haven prison officials and dismissed the inmates Crawford and McEachern's Eighth and First Amendment claims with prejudice.
• Hamilton v. Garlock, Inc. (2000). The court denied Atlas Turner's Rule 50 and 59 motions to set aside the roughly $4.29 million mesothelioma verdict or obtain a new trial, and granted Hamilton's motions for discovery and entry of judgment.
• Vasura v. Acands (2000). The court granted plaintiff Vasura's motion to remand to New York Supreme Court, holding that defendant Atlas Turner's removal under the FSIA and on diversity grounds was improper.
• Hamilton v. Garlock, Inc. (1998). After a jury verdict for the plaintiff widow, the court granted Atlas Turner's renewed motion to dismiss for lack of personal jurisdiction, finding no waiver, and did not reach the other post-trial motions.
• Consorti v. Owens Corning Fiberglas Corp. (In Re Joint Eastern and Southern Dist. Asbestos) (1998). The court granted Owens Corning's motion for a new trial unless Consorti accepts a reduced pain and suffering award of $5 million (a $7 million remittitur), and denied Owens Corning's request to cut the award to $3.5 million.
• Ciletti v. Raymark Indus. (In re Asbestos Litigation) (1997). The court denied Raymark's motions for judgment as a matter of law, new trial and amendment of the judgment, and denied the plaintiffs' cross-motions, except that it set aside the McPadden award for loss of parental consortium.
• Conway v. Raymark Indus. (In re Asbestos Litigation) (1997). The court denied Raymark Industries' motion to dismiss, stay or transfer the asbestos actions of McPadden, Ciletti and Strafford, so the plaintiffs prevailed on the motion.
• Tabolt v. Flintkote Co. (In re New York Asbestos Litigation) (1994). The court granted in part and denied in part the defendants' post-trial motions after the jury awarded over $47 million to the Tabolt, Consorti, Luchnick and Pulizzi plaintiffs: it ordered a new trial on fault allocation in Tabolt and on Mrs. Consorti's future non-economic consortium damages, cut several consortium awards, and on reargument reduced Pulizzi's funeral-expense award to $2,925, but otherwise left the verdicts in place.
• Maiorana v. United States Mineral Prods. Co. (In re Joint Eastern & Southern Dist. Asbestos Lit.) (1993). The district court granted the defendants' motions for judgment as a matter of law, setting aside the $4,510,000 jury verdict for plaintiff Arlene Maiorana because her causation proof for colon cancer was insufficient; it also ruled that, if reversed on appeal, the damages would be reduced and indemnity and new-trial motions denied.
• In re Waterman SS Corp. (1993). The district court vacated the Bankruptcy Court's judgment for the asbestosis claimants (seamen) against Waterman Steamship and remanded for further findings on whether notice of the bar date was adequate to individual seamen who had shown symptoms.
• Barnett v. City of Yonkers (1990). The court granted summary judgment to the City of Yonkers and architect Eli Rabineau, denied the Board of Education's summary judgment motion, and dismissed the Board's cross-claim against U.S. Gypsum for lack of service while denying Gypsum's summary judgment and Rule 11 motions.
• Kaufman v. City of New York (1989). The court granted the City of New York's motion to dismiss the building owners' federal due process and takings claims, and dismissed their pendent state law claims for lack of subject matter jurisdiction.