The lawyers at Lynch Daskal Emery LLP have successfully tried hundreds of cases and handled numerous appeals in state and federal courts throughout the country.
On April 6, 2023, the Honorable James P. McCormack of the Nassau County Supreme Court granted our client’s motion for summary judgment in an asbestos-personal-injury case. The plaintiff alleged that she developed lung cancer from exposure to asbestos from, among other sources, our client’s products. To defend the case, LDE obtained expert medical and industrial hygienist reports that demonstrated that any potential exposure to asbestos from the client’s products was de minimis at best and incapable of causing the plaintiff’s lung cancer. LDE used this expert evidence as the basis for its motion for summary judgment. Plaintiff’s counsel, one of the top mass tort firms in the nation, attempted to defeat the motion through the submission of reports by their own medical and industrial hygiene experts. Both of these experts had recently testified at trial on behalf of another asbestos plaintiff represented by the same firm, where the jury awarded the plaintiff a multi-million dollar verdict. Despite this, LDE successfully argued, based on recent appellate decisions, that the plaintiff’s reports were flawed and did not prove the causation of the plaintiff’s injuries. The Court agreed, and all claims against our client were dismissed.