Pleural Mesothelioma: Asbestos Court Decisions

Decisions in our case-law library that involve pleural mesothelioma: 362 cases, by state. Each line gives the exposure the court described, or else what it decided. For the topic itself, see Pleural Mesothelioma.

New Jersey

• McDERMID v. 3M Company (2023). The Appellate Division affirmed summary judgment for General Electric and CBS Corp. (successor to Westinghouse) against the McDermid plaintiffs' negligent supervision claims and held the remaining claims time-barred by the statute of repose.
• Huff v. Cyprus Amax Minerals Company (2019). The Appellate Division vacated its order granting leave to appeal as improvidently granted, dismissed Cyprus Amax's interlocutory appeal, and remanded, leaving in place the trial court's denial of the motion to dismiss for lack of personal jurisdiction in favor of the Huff plaintiffs.
• Whelan v. Armstrong International Inc. (2018). The Appellate Division reversed the summary judgments for Armstrong, Burnham, Carrier, Cleaver-Brooks, Crown Boiler, Ford, Johnson Controls, NIBCO and Oakfabco, and remanded for trial in favor of plaintiff Whelan.
• McClung v. 3M Company (2017). The court severed the claims against General Electric and transferred them to the Southern District of West Virginia, granting General Electric's request and denying its motion to dismiss for lack of personal jurisdiction as moot.
• Whelan v. Armstrong Int'l (2016). The Appellate Division reversed the summary judgments the trial court had granted to Armstrong, Burnham, Carrier, Cleaver-Brooks, Crown Boiler, Ford, Johnson Controls, NIBCO and Oakfabco, and remanded for trial in plaintiff Whelan's favor.
• Haas v. 3M Company (2015). The Third Circuit vacated the District Court's summary judgment for General Electric, which Haas had appealed, and remanded for further proceedings. It also held the District Court did not abuse its discretion in admitting Brasmer's deposition testimony.
• Haas v. 3M Company (2014). The court granted summary judgment to Boeing (government contractor defense), GE and Goodyear (no proof of exposure to their asbestos-containing products), defeating the plaintiffs' claims.
• Buttitta v. Allied Signal, Inc. (2010). The Appellate Division affirmed the jury verdict and judgment for plaintiff Susan Buttitta against Borg-Warner and Asbestos Corporation Ltd., rejecting all of their challenges.
• Olivo v. Exxon Mobil Corporation (2005). The Appellate Division reversed summary judgment for Exxon Mobil, which had been granted on the ground that it owed no duty to the decedent, and remanded for further proceedings, so plaintiff Anthony Olivo prevailed on the appeal.
• Feidt v. Owens Corning Fiberglas Corp. (1998). The Third Circuit dismissed Westinghouse's (CBS's) appeal for lack of appellate jurisdiction, leaving in place the district court's order remanding the Feidts' suit to New Jersey state court.
• Becker v. Baron Bros. (1994). The New Jersey Supreme Court reversed the Appellate Division's affirmance of a jury verdict for plaintiff Edith Becker against General Motors and Englewood Brake and remanded for retrial, because the jury was wrongly told that all asbestos products sold without warnings are defective.

New York

• Silviano v. AO Smith Water Prods. Co. (2024). The court granted the plaintiff's motion for a joint trial of the Last action with the Joyce action over the opposition of defendants Union Carbide, Mario & DiBono Plastering and Tishman Realty.
• Bassier v. AO Smith Water Prods. Co. (2023). The trial court denied defendant Burnham, LLC's motion for summary judgment, so plaintiff Bassier's claims against Burnham remain pending.
• Cohen v. Air & Liquid Sys. Corp. (2023). The court granted plaintiff Daniel Cohen's motion for a joint trial of his case with the Valletti action, over the opposition of defendants Superior Lidgerwood Mundy Corporation and Blackmer Pump.
• Papsodero v. Air & Liquid Sys. Corp. (2023). The court granted plaintiff Papsodero's motion for a joint trial with the McCormick estate's asbestos action over opposition from defendants Burnham, Jenkins and Velan Steam Trap.
• Winter v. AO Smith Water Prods. Co. (2023). The court granted plaintiff Lisa Winter's motion for a joint trial of this action with Morie v Air & Liquid Systems and Toscani v AO Smith Water Products Co., over the objections of defendants Jenkins Bros., Burnham LLC, Milton Roy LLC and ECR International.
• Aylward v. Air & Liquid Sys. Corp. (2022). The court granted the plaintiffs' motion for a joint trial of the Aylward and Serrano asbestos cases against remaining defendant Cleaver-Brooks, over defendants' opposition.
• Cioni v. Avon Prods., Inc. (2022). The court denied Colgate-Palmolive's summary judgment motion on causation but granted it on punitive damages, dismissing the punitive damages claim against Colgate only.
• Gartner v. AO Smith Water Prods. Co. (2022). The trial court denied defendant DAP, Inc.'s motion for summary judgment in its entirety, so plaintiff Roberta Gartner's claims against DAP go forward.
• Katechis v. Allied Bldg. Prods. Corp. (2022). The court denied defendant Dykes Lumber Company's motion for summary judgment in its entirety, so plaintiff Agathi Katechis's claim against Dykes proceeds.
• Viglietta v. Asbestos Corp., Ltd. (Erie, 2022). The court denied defendant Hedman Resources Limited's motion for judgment notwithstanding the verdict and for a new trial, leaving the plaintiffs' jury verdict undisturbed.
• Backer v. Abb, Inc. (2021). The court granted plaintiff's motion for joint trials of Backer with Unger, and of Katechis with McGibbon and McLaughlin, over the defendants' opposition.
• Hildebrand v. Port Authority of New York and New Jersey (Matter of New York City Asbestos Litig.) (1st Dept., 2021). The First Department affirmed the denial of the Port Authority's summary judgment motion on the Labor Law § 200 and common-law negligence claims, so plaintiff Seval Morgan's claims against the Port Authority continued.
• Nelson v. 3M Co. (2021). The trial court granted Cleaver-Brooks' motion to dismiss for lack of personal jurisdiction, dismissing the complaint against it and continuing the action against the remaining defendants.
• 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.
• Luca v. Whittaker, Clark and Daniels (In re New York City Asbestos Litigation) (2020). The court denied Whittaker, Clark and Daniels' motion for summary judgment dismissing the plaintiffs' complaint and cross-claims, and its alternative request to dismiss the punitive damages claim, so the plaintiffs' claims go forward.
• Luca v. American Int'l Indus. (In re New York City Asbestos Litigation) (2020). The court denied American International Industries' motion for summary judgment dismissing the complaint and cross-claims, and its alternative motion to dismiss the punitive damages claims, so the plaintiffs (the Luca estate and widow) won.
• Peterson v. Vanderbilt Mineral (In re New York City Asbestos Litigation) (2020). On renewal, the court vacated its earlier grant of summary judgment to Vanderbilt Mineral, denied Vanderbilt's summary judgment motion including on punitive damages, and denied its motion to change venue, so plaintiffs Stanley and Debby Peterson won and the case was restored to the trial calendar.
• Mauro v. John E. Potente & Sons (In re New York City Asbestos Litigation) (2020). The trial court granted John E. Potente & Sons' motion for summary judgment only to the extent of dismissing the punitive damages claims (withdrawn by stipulation) and denied the rest, so plaintiffs' claims and the cross-claims against Potente remain.
• Mauro v. Kennedy Electrical Supply, Corp. (In re New York City Asbestos Litigation) (2020). The trial court denied Kennedy Electrical Supply Corp.'s motion for summary judgment dismissing the plaintiffs' complaint and cross-claims, finding a fact issue on whether the decedent was exposed to asbestos products Kennedy sold to Con Ed.
• Peterson v. Vanderbilt Minerals (In re New York City Asbestos Litigation) (2020). The court granted Vanderbilt Minerals, LLC summary judgment dismissing the Petersons' claims and all cross-claims because plaintiffs' expert reports were not in admissible form, but denied its forum non conveniens dismissal request.
• Mauro v. Consolidated Edison of New York (In re New York City Asbestos Litigation) (2020). The court denied Consolidated Edison's motion for summary judgment dismissing the Mauro plaintiffs' complaint and all cross-claims, finding triable issues of fact on the Labor Law § 200, common-law negligence and § 241(6) claims.
• Rivera v. Ericksson (In re New York City Asbestos Litigation) (2020). The trial court denied Ericksson, Inc.'s motion for summary judgment, which sought dismissal of the plaintiffs' complaint and all cross-claims, because it did not make a prima facie showing on causation.
• Rivera v. Meriden Molded Plastic (In re New York City Asbestos Litigation) (2020). The trial court denied Meriden Molded Plastic Inc.'s motion for summary judgment, so the plaintiffs' claims and the cross-claims against it continue.
• Rivera v. General Electric Co. (In re New York City Asbestos Litigation) (2020). The trial court denied General Electric's motion for summary judgment on workers' compensation exclusivity grounds and, alternatively, on punitive damages, so plaintiffs' claims against GE proceed.
• Lanza v. Kaiser Gypsum Co. (Matter of Nyc Asbestos Litig) (2020). The court granted the plaintiffs' motion for a joint trial of the Lanza and Kranichfeld actions against Kaiser Gypsum Company, Inc., over the defendant's objection.
• Olson v. Brenntag N. Am., Inc. (2020). The trial court denied Johnson & Johnson's motions for judgment as a matter of law and for a new trial on liability, but vacated the damages awards and ordered a new trial on damages unless the Olsons accept reduced compensatory and punitive awards.
• 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.
• Allen v. Air & Liquid Sys. Corp. (2019). The trial court denied defendant Armstrong Pumps Company's (Aurora) motion for summary judgment, so plaintiff Lorraine Allen's claims and all cross-claims against Aurora stayed in the case.
• Carlstrand v. American Biltrite (In re New York City Asbestos Litigation) (2019). The court denied defendant American Biltrite, Inc.'s motion for summary judgment to dismiss plaintiffs' complaint and all cross-claims, finding fact issues on general and specific causation.
• Carlstrand v. Mannington Mills (In re New York City Asbestos Litigation) (2019). The trial court denied defendant Mannington Mills, Inc.'s motion for summary judgment dismissing the plaintiffs' complaint and all cross-claims, so the plaintiffs' claims against it continue.
• Carlstrand v. Domco Prods. of Texas (In re New York City Asbestos Litigation) (2019). The court denied Domco Products of Texas's motion for summary judgment on causation, so the claims against it continue, but granted it summary judgment dismissing the punitive damages claim against it.
• Serrano v. Superior Boiler Works (In re New York City Asbestos Litigation) (2019). The court denied Superior Boiler Works, Inc.'s motion for summary judgment, so plaintiffs Sonia Serrano and the estate of Salomon Serrano may take their claims against it to trial.
• Babcock v. Watts Water Technologies (In re New York City Asbestos Litigation) (2019). The court denied Watts Water Technologies, Inc.'s motion to dismiss for lack of personal jurisdiction and granted plaintiffs' cross-motion to add Watts Regulator Company as a defendant, denying the cross-motion's request for costs and fees.
• Gayoso v. Nissan North America (In re New York City Asbestos Litigation) (2019). The court denied Nissan North America's motion to dismiss for lack of personal jurisdiction, finding the defense waived, and denied its alternative request to preclude plaintiffs' causation expert and for summary judgment on causation, so plaintiffs prevailed.
• Linsky v. Mannington Mills (In re New York City Asbestos Litigation) (2019). The trial court denied Mannington Mills, Inc.'s motion for summary judgment dismissing plaintiff Allison Linsky's complaint and all cross-claims, finding issues of fact on general and specific causation.
• Lewis v. QCP (In re New York City Asbestos Litigation) (2019). The trial court denied QCP, Inc.'s (f/k/a Bakers Pride Oven Co.) motion for summary judgment dismissing the complaint and cross-claims, so plaintiffs Stanley and Veronica Lewis won this motion.
• Licul v. Mario DiBono Plastering Co. (In re New York City Asbestos Litigation) (2019). The trial court denied defendant Mario DiBono Plastering Co.'s motion for summary judgment, so the plaintiffs' claims and the cross-claims against it go forward.
• Marzigliano v. American Biltrite (In re New York City Asbestos Litigation) (2019). The trial court denied defendant American Biltrite, Inc.'s motion for summary judgment dismissing the Marzigliano plaintiffs' complaint and all cross-claims, finding fact issues on general and specific causation.
• Linsky v. American Biltrite (In re New York City Asbestos Litigation) (2019). The court denied American Biltrite, Inc.'s motion for summary judgment dismissing plaintiff Allison Linsky's complaint and all cross-claims, finding fact issues on general and specific causation.