Jason Riemer and Anita Cohen scored a significant victory in the New York County asbestos court.

Jason Riemer and Anita Cohen scored a significant victory in the New York County asbestos court last week.  Their motion for summary judgment, filed in February, 2016, argued that our client could not be held liable under the theory of successor liability because there was no evidence of "continuity of ownership," the key determinative factor for a finding of de facto merger under New York law.  Although the plaintiff kept his action alive for over a year by obtaining the Court's consent for multiple supplemental briefings, affidavits and depositions, Judge Moulton ultimately ruled that plaintiff had not established that there were issues of material fact, and that the Court would not go against the established appellate precedent which includes an opinion authored by then Circuit Judge Sonia Sotomayor,  This decision is of particular importance because it should discourage similar cases against our client in other jurisdictions and because it came less than two weeks before trial in this case is scheduled to begin.