Category: Summary Judgment

North Carolina / Summary Judgment
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Talc Manufacturer Granted Summary Judgment; Lack of Regular, Frequent, and Proximate Exposure

U.S. District Court for the Eastern District of North Carolina, Western Division

The plaintiff alleged that her daughter (the decedent) died from peritoneal mesothelioma, which she contracted after exposure to asbestos as a student in a ceramics technology course at Appalachian State University. The defendants moved for summary judgment, arguing the plaintiff failed to properly identify a product attributable to the defendants. In addition, if the plaintiff was able to establish product identification, the plaintiff failed to proffer evidence the decedent was exposed to the …

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Delaware / Expert Challenges / Motions in Limine / Summary Judgment
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Railway Company Denied Summary Judgment; Service and Expert Issues Remain

The plaintiff, the Estate of Gregorio Sanchez Valdez, alleged occupational exposure to asbestos and diesel fumes while working as a machinist for defendant BNSF Railway Company from 1996 until 2016. Valdez was diagnosed with laryngeal cancer in 2014. BNSF moved for summary judgment on three grounds, of which the court denied all three.

First, BNSF argued that Valdez failed to serve BNSF with process within the three-year statute of limitations under the Federal Employers’ Liability Act. The court observed that the crux of this argument …

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Summary Judgment
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Defendant Contractor Denied Summary Judgment for Plaintiff’s Work Performed at World Trade Center

Supreme Court of New York, New York County, November 30, 2020

The plaintiff, Walter Cannon, filed a complaint against defendant Tishman Realty & Construction Co., Inc., among others, alleging that his lung cancer was caused by his exposure to asbestos when he worked as an electrician installing lighting fixtures at the World Trade Center (WTC) in the 1970s. The plaintiff was employed by Forest Electric at the WTC on weekends for approximately two-and-a-half to three months, shortly before the WTC opened. While working at the …

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Mesothelioma
Expert Challenges / Summary Judgment
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Denial of Daubert Motions in Navy Yard Case Leads to Denial of Summary Judgment for Valve Manufacturer

U.S. District Court for the Southern District of New York, November 30, 2020

The plaintiffs filed two lawsuits in New York state court alleging that the decedent, John Grimes, was diagnosed with mesothelioma as a result of his exposure to asbestos while working as a coppersmith apprentice at the Brooklyn Navy Yard from 1961 to 1963. During his discovery deposition, Mr. Grimes testified that he believed he was exposed to asbestos while working in the shop at the Brooklyn Navy Yard, and aboard warships. He …

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New York / Summary Judgment
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Floor Tile Defendant’s Motion for Summary Judgment Denied Due to Conflicting Expert Reports

Supreme Court of New York, New York County

In this action, defendant American Biltrite Inc. filed a motion for summary judgment, arguing that the plaintiff has failed to establish general or specific causation for the plaintiff’s lung cancer in relation to American Biltrite’s products. The deceased plaintiff had alleged that his fatal lung cancer was caused by his exposure to asbestos over the course of his career as an electrician at three worksites, and the plaintiff had testified that floor tile made by American Biltrite …

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Summary Judgment
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“Credibility Issue” of Experts Leads to Denial of Sheet Flooring Manufacturer’s Motion for Summary Judgment

The plaintiff alleges that the lung cancer was caused by his exposure to asbestos over the course of his career at various locations in New York between 1975 and 1983. Defendant Mannington Mills, Inc. filed a motion for summary judgment on the grounds that the plaintiff had not established general or specific causation of his lung cancer related to the defendant’s products (sheet flooring).

A defendant seeking summary judgment in a products liability case involving asbestos must make a prima facie case that its product …

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Appeal / Summary Judgment / Washington
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Various Defendants Summary Judgment Motions Upheld on Appeal Due to Statute of Repose

Court of Appeals of Washington

Cindy Maxwell, the personal representative of the Estate of Edmond Brown, and Marilou Brown (collectively the Browns) appeal the trial court’s order granting summary judgment in favor of Parsons Government Services, Inc. (Parsons) and Brand Insulations, Inc. (Brand). This action arises from Edmond’s alleged exposure to asbestos between 1971 and 1972 during the construction of Atlantic Richfield Corporation’s (ARCO) petroleum refinery at Cherry Point in Ferndale. Parsons was the general contractor who constructed the Cherry Point refinery and Brand was …

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Mesothelioma
Kentucky / Summary Judgment
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Third-Party Defendant Not Responsible for Indemnifying Brake Supplier Prior to Existence

U.S. District Court for the Western District of Kentucky, Owensboro Division, November 12, 2020

Plaintiff Jack Papineau was employed by Smith Coal from 1984 to 1992. In his complaint against multiple defendants, including Brake Supply, he alleged that he contracted mesothelioma from exposure to asbestos-containing friction products during his employment at Smith Coal. The plaintiff alleged that Brake Supply purchased friction products from suppliers and resold the products by either using the products to reline brakes or reselling parts.

Brake Supply filed a Third-Party Complaint and …

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Appeal / California / Summary Judgment
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American Oil Company Defendants Had No Control Over Iranian Oil Company, Summary Judgment Upheld on Appeal

Court of Appeal of California, Second Appellate District, Division Seven, October 28, 2020

Houshang Sabetian and his wife, Soraya, (the plaintiffs) filed this action on March 28, 2018 alleging causes of action for negligence, strict liability, premises liability, negligent joint venture, alter ego, and loss of consortium. The complaint alleged Houshang contracted mesothelioma caused by exposure to asbestos while he was an Iranian citizen working for the National Iranian Oil Company (NIOC) from about 1960 to 1979. The complaint further alleged the Chevron and Exxon defendants …

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Rhode Island / Summary Judgment
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Boiler Manufacturer Granted Summary Judgment Based on Lack of Product Nexus

Superior Court of Rhode Island, Providence, October 27, 2020

The decedent, Gerard Wallace, and his wife, Ruth (the plaintiff) filed a complaint on November 16, 2016 after the decedent was diagnosed with mesothelioma in September 2016. The plaintiff alleged that the decedent worked as a plumbing-heating installer-repairer from 1949 to 1985. Specifically, the plaintiff argued while the decedent worked in Maine, Crane Co. (the defendant) boilers exposed him to asbestos. Due to the exposures occurring in Maine, the parties agreed that Maine substantive law should …

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