Category: Summary Judgment

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Appeal / New York / Summary Judgment
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First Department Affirms Denial of Pipe Manufacturer’s Motion for Summary Judgment

Court: Supreme Court of New York, Appellate Division, First Department

In this asbestos action, decedent Rudolf Horvath alleged that he was exposed to asbestos from Bondstrand pipes manufactured by defendant, Ameron International, at a sewage plant in midtown Manhattan. In response, Ameron filed a motion for summary judgment, arguing the sewage plant referenced by decedent must have been the North River wastewater treatment plant, which did not exist until 1985 at a time when Ameron no longer manufactured Bondstrand pipe using asbestos.

The trial court …

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Appeal / Summary Judgment / Texas
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Appellate Court Reverses Premise Defendant’s Summary Judgment Ruling

Court:  Court of Appeals of Texas, Fourteenth District, Houston

Carolyn and Frank Burford were married from November 1962 until Carolyn’s death in 2015. While married, Frank Buford worked for Alcoa at its aluminum smelter in Rockdale, Texas. As a potlining helper, Mr. Burford regularly worked with and around asbestos-containing materials.  Mrs. Burford (Carolyn, or decedent) washed his work clothing every day for a period of 25 years. In 2006, she sought medical care after developing shortness of breath. Her pulmonologist diagnosed her with asbestosis and she later died …

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New York / Summary Judgment
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Summary Judgment Granted to Oven Manufacturer on Causation in NYCAL

Court: Supreme Court of New York, New York County

In this action, plaintiff June Savianeso alleges that decedent Michael Savianeso was exposed to asbestos from the products of various defendants.

Decedent passed away without giving deposition testimony. Subsequently, decedent’s brother, James, provided seven days of testimony. As pertinent to this motion, James testified that he worked as a pizza maker at a pizzeria in New Jersey for approximately 30 hours per week from June to August during the summers of 1976 and 1977. James mainly …

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Punitive Damages / Summary Judgment
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Boiler Manufacturer’s Motion for Partial Summary Judgment re: Punitive Damages Denied

Supreme Court of New York, New York County

In this asbestos action, defendant Burnham, LLC moved for partial summary judgment to dismiss the plaintiff’s punitive damages claim on the basis that any alleged asbestos exposure from Burnham boilers would fall below TLV or PEL/OSHA limits, and that Burnham did not have workers’ compensation claims for asbestos-related disease.

The court, however, determined that “Burnham has plainly not met their burden at summary judgment.” According to the court, TLV/OSHA standards have “little bearing on plaintiff’s unequivocal and …

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Florida / Summary Judgment
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District Court Denies Aviation Defendant’s Motion for Summary Judgment

Jurisdiction:  United States District Court for the Southern District of Florida

Decedent John McCabe died from malignant epithelioid mesothelioma in January 2023, following a career as an aircraft mechanic. His estate initiated this action, alleging strict products liability and negligence against dozens of defendants, including Curtiss-Wright. Curtis-Wright moved for summary judgment, arguing that plaintiff failed to submit any evidence to support the claim the decedent was exposed to asbestos from working on or around its products.

Summary judgment is appropriate when “The movant shows that there is …

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North Carolina / Summary Judgment
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Pump Manufacturer Obtains Summary Judgment on Causation

Jurisdiction: United States District Court for the Middle District of North Carolina

Marshall E. Pike worked in the farm-equipment manufacturing and maintenance field for the duration of his 55-year career. This included performing maintenance on fertilizer spreader and sprayer pumps at multiple companies. In September 2021, Pike was diagnosed with mesothelioma and commenced this action. His estate continued the action and added a wrongful death claim following his June 2023 death. Plaintiffs alleged the decedent’s handling of asbestos gasket material on Defco pumps contributed to his illness. Defco moved for …

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Summary Judgment
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Boiler Manufacturer’s Motion for Summary Judgment Denied

Supreme Court of New York, New York County (NYCAL)

In this asbestos action, plaintiff Thomas Bassier alleged that he suffered injury as a result of exposure to asbestos-containing products manufactured by various companies during his time employed as an electrician. In response, one of the defendants, Burnham, LLC, filed a motion for summary judgment arguing that the plaintiff failed to establish exposure to any alleged asbestos-containing products manufactured by Burnham.

To succeed on summary judgment, a moving defendant must “affirmatively prove, as a matter of …

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Summary Judgment
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Motion for Partial Summary Judgment of Regulator Manufacturer Denied

Court: Supreme Court of the State of New York, New York County (NYCAL)

Plaintiff John B. Daly, Jr. worked as a mechanic for Consolidated Edison Company from 1976 to 2012. He alleged exposure to asbestos-containing gaskets affiliated with regulators manufactured by Fisher Controls International LLC during this period.

Fisher filed a motion for partial summary judgment, denying liability as they did not manufacture, sell, supply or otherwise recommend the use of asbestos-containing gaskets. In support of their motion, Fisher cited the New York Court of …

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Expert Evidence / Summary Judgment
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Fifth Circuit Affirms District Court Decisions Excluding Appellants’ Experts Reports and Granting Summary Judgment

Court: United States Court of Appeals for the Fifth Circuit

Plaintiff Harry Marsh worked as a merchant mariner from 1944 to 1992. He was diagnosed with mesothelioma in 2018 and subsequently sued the owner of every vessel he worked on over his lengthy career. Defendants included appellees Chas Kurz & Co. Inc., Chiquita Brands International Inc., Farrell Lines, individually and as successor in interest to American Export Lines Inc., and National Bulk Carriers, Inc. (“appellees”). 

Plaintiff brought his action under the Jones Act and claimed the asbestos …

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Louisiana / Summary Judgment
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Motion for Summary Judgment Denied under Sophisticated User and Purchaser Doctrine

Court: United States District Court for the Eastern District of Louisiana

In this asbestos action, plaintiff Ted Matherne Sr. worked at the Avondale Shipyards. In addition, defendant Hopeman Brothers Inc. placed Micarta from Westinghouse “as a component part of the composite wall and bulkhead panels it suppled to Avondale for use aboard ships.”

Defendant Paramount Global (Westinghouse) moved for partial summary judgment, arguing it had no duty to warn as defendant Hopeman was a sophisticated user and purchaser of Micarta. Westinghouse contends Hopeman was aware …

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