Farris v. Avon Products, Inc.

Background

Diane Farris brought the action individually and as executor of the estate of John Gallo, Jr. The opinion states that Gallo was diagnosed with mesothelioma in May 2022 due to exposure to asbestos-containing materials from the 1950s through the 2020s, and that he died on June 23, 2022. Farris was named executor. The opinion identifies Diane Farris and Dale Kessler as the estate’s beneficiaries under Gallo’s will.

Farris asserted claims for strict liability, negligence, breach of warranty, loss of society, and punitive damages against more than 70 defendants. The motion addressed a proposed settlement only with certain defendants: Johnson & Johnson and LTL Management, LLC; Pfizer Inc., Barretts Minerals Inc., and Specialty Minerals Inc.; and Bristol-Myers Squibb Company.

Recommended Settlement Approval

The magistrate judge recommended that the settlement be approved under Local Civil Rule 83.2(b) and New York law. The proposed settlement totaled $600,000, allocated as follows:

- $400,000 from Johnson & Johnson and LTL Management, LLC; - $175,000 from the Pfizer-related protected parties; and - $25,000 from Bristol-Myers Squibb Company.

The recommendation found the settlement fair, reasonable, and adequate. It relied on counsel’s representations that the settlement followed investigation, discovery, review of medical records, depositions, and consultation with experts. The recommendation also noted counsel’s stated experience in asbestos litigation and the uncertainty and expense of continuing the case.

Fees, Expenses, and Distribution

The proposed attorney’s fees were $199,999.99, or 33.33 percent of the gross settlement amount, under the parties’ retainer agreement. The recommendation also approved reimbursement of $39,758.58 in case expenses. The opinion states that the fees would be divided between Simon Greenstone Panatier, P.C. ($120,000) and Danziger & De Llano LLP ($79,999.99), with Simon Greenstone Panatier receiving the expense reimbursement.

The listed medical liens and pending medical liens totaled $12,888.72. After deducting attorney’s fees, case expenses, and medical liens, the stated recovery for the estate was $347,352.71.

Recommendation and Objections

The magistrate judge recommended that the motion be granted, that the $600,000 settlement be approved, that Farris be permitted to execute and deliver the required settlement releases and closing documents, and that the attorney’s fees and case expenses be approved. The report and recommendation was addressed to Judge Lewis A. Kaplan. The parties were given 14 days after service to file written objections, and the opinion states that failing to object timely would waive objections for purposes of appeal.