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Flooring Defendant Denied Renewal of Two Previous Summary Judgment Decisions

Supreme Court of New York, New York County

In two asbestos actions (Avakian and Layton), defendant Mannington Mills moved to renew its summary judgment motion. Mannington contends that there was a subsequent change in the law that necessitates reversal of the court’s previous denial of two summary judgment motions. Mannington argues that the plaintiff’s expert failed to quantify the respective plaintiff’s asbestos exposure. Mannington also argues that the court failed to require the expert to set forth a specific quantification of the amount …

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Brake Manufacturer’s Grant of Summary Judgment Upheld on Reconsideration Due to Lack of Causation

U.S. District Court for the Southern District of Mississippi, Southern Division, June 9, 2021

The plaintiffs, William and Karla Dickens, allege that William Dickens developed mesothelioma due to his exposure to asbestos-containing products during automotive mechanical work. The plaintiffs sued multiple defendants, including Ford Motor Co. (Ford). Ford moved for summary judgment in two motions, seeking to dismiss the substantive and punitive damage claims against it. The court determined that there was insufficient evidence of asbestos causation and granted summary judgment. The plaintiffs moved for …

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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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Reargument of Summary Judgment Denied; Decedent’s Exposure Affidavit Admissible for Motion

Superior Court of Delaware, New Castle

In this matter, the plaintiff alleges that the decedent’s asbestosis was caused by exposure to the defendants’ asbestos-containing products throughout his career as a mechanic. Pertinent to this motion, the decedent executed an affidavit containing details of his work history and the products with which he worked on July 16, 2014. The decedent was subsequently hospitalized on two separate occasions, and was deemed a candidate for hospice care. He executed a second affidavit on October 8 and passed on …

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Louisiana District Court Grants Defendant’s Motion for Reconsideration, But Orders Re-Filing

U.S. District Court for the Eastern District of Louisiana, May 6, 2020

The plaintiff’s decedent, Callen L. Dempster, was allegedly exposed to asbestos-containing products while employed at the Avondale Shipyards from 1962 to 1994. Before the case was removed to federal court, the state court denied the defendant, General Electric Company, motion to bar the plaintiff’s claims based upon res judicata, and to dismiss the plaintiff’s survival claim and the decedent’s wrongful death claim. Once the case was venued in federal court, General Electric sought …

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