In re New York City Asbestos Litigation

In this complaint alleging that Defendants were responsible for causing Mason South’s mesothelioma, from which he died, the Court of Appeals affirmed the Appellate Division's decision affirming Supreme Court’s denial of Chevron Corporation’s motion for summary judgment, holding that the record was insufficient to demonstrate the effectiveness of a release South signed when he settled a 1997 lawsuit he filed against Texaco Inc. and other defendants based on his exposure to asbestos.South worked shipboard as a merchant marine for almost forty years. In 1997, South and hundreds of other plaintiffs filed lawsuits against Texaco and other defendants. Texaco reached a settlement with South and other plaintiffs, and South executed a release. Two decades later, South and his wife filed this lawsuit seeking to recover for South’s asbestos-related disease resulting from his asbestos exposure shipboard. In denying Chevron’s motion for summary judgment, Supreme Court determined that the record did not meet Chevron’s heightened burden under the Federal Employers’ Liability Act and admiralty law to demonstrate that the release foreclosed the claims in the instant lawsuit. The Court of Appeals affirmed, holding (1) Chevron had the burden to prove the 1997 release’s viability; and (2) the record was insufficient to demonstrate the effectiveness of the release as a matter of law. View "In re New York City Asbestos Litigation" on Justia Law