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

Our case-law library holds 13 asbestos decisions from the U.S. District Court, Western District of New York (2010–2021). Each links to our summary and the full opinion.

• Kind of court: Federal district court

Decisions

• Castro v. Colgate-Palmolive Co. (2021). The magistrate judge recommended granting summary judgment to Johnson & Johnson defendants because the Castros' claims over John's mesothelioma were time-barred under Virginia's two-year limitations period, and the derivative loss of consortium claim fell with them.
• Castro v. Colgate-Palmolive Co. (2021). A magistrate judge recommended granting Revlon Holdings' motion for summary judgment, finding the Castros' claims time-barred under Virginia's two-year limitations period and Joyce's consortium claim not viable under Virginia law.
• Castro v. Johnson & Johnson (2021). The district court adopted the magistrate judge's unopposed recommendation and granted summary judgment to the Johnson & Johnson defendants, ruling against John and Joyce Castro, whose claims were time-barred.
• Castro v. Colgate-Palmolive Company (2020). The court adopted the magistrate judge's unopposed recommendation and denied CVS Pharmacy's motions to dismiss or transfer and for lack of personal jurisdiction, and the Castros' cross-motion to amend, all as moot after the Castros stipulated to dismiss CVS without prejudice.
• Castro v. Colgate-Palmolive Company (2020). The magistrate judge recommended denying as moot all three pending motions (CVS Pharmacy's two motions to dismiss or transfer and the Castros' cross-motion for leave to amend) because the Castros had dismissed CVS without prejudice, leaving the scheduling order in place.
• Castro v. Colgate-Palmolive Company (2020). The magistrate judge recommended denying John and Joyce Castro's motion to remand to state court, so Johnson & Johnson's snap removal stands.
• Byer v. Bell Helicopter Textron, Inc. (2015). The magistrate judge denied the defendants' joint motion to preclude Dr. Moline's January 2015 expert report and granted plaintiff Nijole Byer's motion to allow its late service, on conditions including supplemental depositions at plaintiff's cost.
• Mineweaser v. One Beacon America Insurance Company (2015). The court denied the excess insurers' motion to file their settlement agreements with Hedman under seal and subject to a protective order, and granted the plaintiffs' motion to compel production of those agreements.
• Garner v. Ngc Bodily Injury Trust (2012). The court granted the NGC Bodily Injury Trust's motion to dismiss the estate's personal injury, wrongful death and fraud claims, denied the plaintiff's motions to amend and to file a sur-reply as futile, and directed judgment for the Trust.
• Tycz v. Asbeka Industries OF New York, Inc. (2012). The district court granted James Tycz's motion to remand the case to New York state court, finding Blodgett had not shown the non-diverse New York defendants were fraudulently joined, and denied his request for costs.
• Garner v. Dii Industries, LLC (2011). The district court granted the motions of DII Industries, the DII Industries Asbestos PI Trust, and the trustees to dismiss the estate's asbestos death claim as time-barred, denied the plaintiffs' motion to amend as futile, and directed judgment for the defendants.
• Hall v. Kodak Occupational Accidental Death Insurance Plan (2011). The court granted the defendants' (Kodak plans') motion to dismiss and dismissed the widow's ERISA claims for accidental death and survivor health benefits.
• Garner v. Dii Industries, LLC (2010). The court granted the defendants' (DII Industries asbestos trust and its trustee and executive director) motion to dismiss because the plaintiff's amended complaint pleaded no basis for federal subject matter jurisdiction, and it directed judgment for the defendants.