Category: Summary Judgment

North Carolina / Summary Judgment
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Molding Compound Defendant’s MSJ Denied as Federal Court Abandons Iowa’s Sole Proximate Cause Defense

U.S. District Court for Middle District of North Carolina, April 15, 2021

Plaintiff Marion Reed brings this case on behalf of his deceased wife, Barbara Reed, the decedent, who worked for a Square D manufacturing plant from 1972 to 1976, and died in 2017 from mesothelioma. Defendant Reichhold Liquidation, Inc. moved for summary judgment on all of the plaintiffs’ claims against it. Reichhold argued that the evidence established that the conduct of Square D was the sole proximate cause of the decedent’s injuries and that …

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Motion for Reconsideration / Summary Judgment
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Naval Defendant Denied Reconsideration of Summary Judgment Regarding Government Contractor Defense

U.S. District Court for the District of New Jersey, April 14, 2021

In this asbestos action, decedent Arthur Hammell served on the USS Charles H. Roan in the 1960s. During this time, the Roan was equipped with forced draft blowers manufactured by Westinghouse. Westinghouse previously moved for summary judgment on several grounds, all of which were denied by Judge Michael Shipp, as previously reported by the Asbestos Case Tracker.

Thereafter, Westinghouse moved for reconsideration of Judge’s Shipp’s ruling with regard to their government contractor …

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New York / Summary Judgment
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Motions for Summary Judgment on Causation Issues Denied as Issues of Fact Exist

Supreme Court of New York, New York County

In this asbestos action, the decedent, Donald Avakian, was diagnosed with lung cancer in August 2017 and subsequently passed away in June 2019. The decedent contended that he worked with asbestos-containing products throughout his career, including friction products and floor tiles.

Two defendants moved for summary judgment. They argued that the plaintiff cannot establish general or specific causation against them. Specifically, the floor tile defendant set forth that “plaintiff has not offered any scientific evidence to prove …

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Expert Challenges / New York / Summary Judgment
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Brake and Clutch Manufacturer’s Motion for Summary Judgment Denied

Supreme Court of New York, Nassau County, April 12, 2021

Plaintiff William Stodoloski worked as an auto mechanic from 1965 to 1969 and from 1971 to 1978.  The plaintiff testified that as a mechanic he performed all aspects of car repair including removing and replacing the defendant’s brakes and clutches. He filed an asbestos lawsuit on April 5, 2019 alleging his work as an auto mechanic caused him to suffer from lung cancer. The case was certified ready for trial on January 23, 2020 and …

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Summary Judgment
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Equipment Manufacturer’s Motion for Summary Judgment Denied

U.S. District Court for the Eastern District of Louisiana, March 31, 2021

In October 2019, Plaintiff Stephen Legendre, filed a lawsuit alleging that he contracted mesothelioma in September 2019. He alleged that his mesothelioma was caused by take-home exposure to asbestos from his father who worked at Avondale from 1943 to 1945.

Avondale removed the case to federal court, and thereafter filed a third-party claim against Mestek, Inc, as the successor corporation to L.J. Wing Manufacturing Company, which had allegedly supplied forced draft blowers and …

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California / Maritime/Admiralty Law / Punitive Damages / Summary Judgment
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Partial Summary Judgment Denied to Shipbuilding Company and Auto Parts Retailer

U.S. District Court for the Northern District of California, March 30, 2021

Before the court are motions for summary judgment filed by defendant National Steel and Shipbuilding Company (NASSCO) and Pep Boys-Manny, Moe & Jack of California.

Defendant NASSCO moves for summary judgment on the theory that, as a government contractor, it enjoys derivative immunity from asbestos- related liability. In the alternative, should material facts regarding its overhaul of the USS Bristol County remain in dispute, NASSCO moves for partial summary judgment as to the plaintiffs’ premises …

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Appeal / Oregon / Summary Judgment
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Summary Judgment Upheld for Motorcycle Manufacturer Based on Lack of Proof of Asbestos in Brake Linings

Court of Appeals of Oregon, March 24, 2021

In this asbestos action, decedent Ronald Laux alleged exposure to asbestos from replacing motorcycle brake linings from 1961 until 2014. Thereafter, he developed mesothelioma and brought negligence and strict products liability actions against numerous defendants. After Mr. Laux’s passing, Mrs. Laux was named as the personal representative of his estate.

Defendant Yamaha moved for summary judgment, arguing that the record was devoid of sufficient evidence to show the decedent was exposed to asbestos from a product manufactured, …

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Expert Challenges / North Carolina / Summary Judgment
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Summary Judgment and Motion in Limine Awarded to Pipe Insulation Company Due to Speculation

U.S. District Court for the Middle District of North Carolina, March 23, 2021

Plaintiff Kenneth McDaniel was employed by Duke Power as an operator at its Belews Creek power plant in North Carolina from 1974 to 2005. Deborah McDaniel was married to Mr. McDaniel. Mrs. McDaniel was diagnosed with lung cancer, which the plaintiffs argue was a result of exposure to asbestos through her husband’s contaminated work clothing.

Mr. McDaniel recalled that Duke Power’s employees typically removed the insulation, while Covil employees typically installed new …

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North Carolina / Summary Judgment / Take-Home Exposure
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Summary Judgment Granted to Contractor Defendant in Take-Home Exposure Case

U.S. District Court for the Middle District of North Carolina, March 22, 2021

Plaintiff Kenneth McDaniel worked as an operator for Duke Power at its Belews Creek Power Plant in North Carolina from 1974 to 2005. His wife, Deborah McDaniel, whom he married in 1978, was diagnosed with lung cancer and filed suit, alleging that her disease was caused by her exposure to asbestos dust on her husband’s work clothing, which she laundered throughout their marriage. Defendant, Daniel International Corporation, a contractor, filed a motion …

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Rhode Island / Summary Judgment
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Valve Manufacturer’s Motion for Summary Judgment Denied

Superior Court of Rhode Island, Providence, March 16, 2021

On June 17, 2011, The plaintiffs filed a complaint, alleging that the decedent, Walter Burdick, died as a result of exposure to asbestos or asbestos-containing products sold, manufactured, or distributed by the defendants, including NIBCO, Inc. during the decedent’s employment as a laborer, mechanic, maintenance man, boiler operator, pipefitter, machinist, and welder at various steam plants and construction sites throughout Pennsylvania and New Jersey beginning in the mid-1940s. 

During discovery, NIBCO deposed the decedent, who testified to having worked …

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