Testicular Mesothelioma: Asbestos Court Decisions

Decisions in our case-law library that involve testicular mesothelioma: 6 cases, by state. Each line gives the exposure the court described, or else what it decided. For the topic itself, see Testicular Mesothelioma.

California

• Sabetian v. Fluor Enterprises, Inc. (2nd Appellate District, 7th Division, 2021). The Court of Appeal affirmed the judgment for plaintiff Soraya Sabetian (substituted for her late husband) against the Fluor defendants, upholding the denial of their motions for judgment notwithstanding the verdict and for a new trial.
• Sabetian v. Exxon Mobil Corp. (2nd Appellate District, 7th Division, 2020). The Court of Appeal affirmed summary judgment for the Chevron and Exxon defendants, holding they owed no duty of care to Sabetian, and upheld discovery sanctions against Sabetian and his counsel in favor of the Exxon defendants.

New York

• Konstantin v. Aetna Cas. & Sur. Co. (2017). The court granted plaintiff's motion to amend the complaint to add a declaratory judgment claim against all insurers and a tortious interference claim against Resolute, and denied the amendment to add a GBL § 349 claim against the Resolute Defendants.
• Konstantin v. Tishman Liquidating Corp. (Matter of New York City Asbestos Litig.) (1st Dept., 2014). The Appellate Division affirmed both jury-verdict judgments for the plaintiffs (Konstantin against Tishman Liquidating Corporation, Dummitt against Crane Co.) and dismissed the appeal from the order denying Crane's post-trial motion as subsumed in the judgment appeal; one justice, joined by another, dissented in part as to Dummitt.
• Konstantin v. 630 Third Ave. Assoc. (2012). The court denied Tishman Liquidating Corp.'s motion for judgment notwithstanding the verdict and upheld liability and the economic damages, but vacated the $7 million and $12 million pain and suffering awards and ordered a new damages trial unless plaintiff Konstantin accepts reductions to $4.5 million and $3.5 million.

West Virginia

• Bayer Corporation v. Toney, W Va: Supreme Court of Appeals 2013 (2013). The West Virginia Supreme Court affirmed the Board of Review's order granting Luann Toney dependents' benefits, ruling against Bayer Corporation.