Category: Summary Judgment

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Causation / Experts / Motion to Preclude / Summary Judgment
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Defendant’s Motion for Summary Judgment Granted Based on Expert Preclusion

Jurisdiction: United States District Court for the Southern District of New York

Plaintiff Scott Keller alleged that he was exposed to asbestos during his employment on ExxonMobil Oil Company vessels and that he developed lung cancer as a result. Exxon eventually moved for summary judgment and sought to preclude the opinions and testimony of plaintiff’s three expert witnesses, including Richard L. Kradin, M.D. Plaintiff also moved to preclude the opinions and testimony of certain Exxon experts.

The court first addressed Exxon’s motion to preclude Dr. …

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Asbestos Exposure / Summary Judgment
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Federal Court in Louisianna Grants Plaintiff’s Motion for Partial Summary Judgment

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

This case arises from Plaintiff Nolan J. Lebouf Jr.’s alleged exposure to asbestos. The plaintiff specifically claims to have been exposed to asbestos during his work at the Avondale Shipyard in the 1970s and 1980s. 

Plaintiff filed a petition for damages in state court against Avondale and others asserting liability for his asbestos exposure and resulting mesothelioma. In his petition, plaintiff asserted that Avondale negligently failed to warn and disclose or otherwise protect him …

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Asbestos Exposure / Summary Judgment
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Federal District Court Grants Pump Manufacturer’s Motion for Summary Judgment in Asbestos Action

U.S. District Court for the District of Delaware

Michele Salvemini, et al. vs. Air & Liquid Systems Corporation, et al.

In this asbestos action, plaintiff Michele Salvemini alleges exposure to asbestos while working as a marine engineer and shipyard mechanical worker on various merchant and U.S. Navy ships from 1974 to 2007. During this timeframe, Mr. Salvemini specifically claims asbestos exposure from performing repairs and maintenance on asbestos-containing pumps, gaskets and other related products in the engine rooms of these ships. In April 2022, Mr. …

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Appeal / Summary Judgment
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Appellate Court Affirms Denial of Appellant’s Motion for Summary Judgment

Jurisdiction: Court of Appeals of Minnesota

Appellant Westrock Minnesota Corporation f/k/a Waldorf Corporation (Waldorf), challenged the district court’s ruling, denying summary judgment on respondent’s asbestos-related claims. Appellant argued the asbestos related claims are barred by the exclusivity provision of the Workers’ Compensation Act (WCA), Minn. Stat. § 176.031.

In 2023, respondent Allan N. Anderson Jr. was diagnosed with mesothelioma. On March 30, 2023, he filed a complaint against 34 separate defendants, including Waldorf alleging that exposures to asbestos via products manufactured, sold, or distributed by defendants caused his …

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Punitive Damages / Summary Judgment
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New York Court Denies in Part, Grants in Part Talc Defendant’s Motion for Summary Judgment

In October 2020, Corey G. Griffin was diagnosed with peritoneal mesothelioma. He alleged asbestos exposure from the use of talcum powder related to his employment from the late 1950s until the 2000s. During this time, the plaintiff worked as an artist, makeup specialist, designer, and stylist in New York City and abroad. He brought this action against numerous cosmetic defendants in 2021, prompting extensive litigation.

In 2024, defendant American International Industries moved for partial summary judgment pursuant to CPLR 3212 on the plaintiff’s punitive damages …

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Asbestos Exposure / Causation / Mesothelioma / Summary Judgment
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Defendant’s Motion for Summary Judgment in Asbestos Action Partly Granted

Jurisdiction: Superior Court of Rhode Island, Providence

Plaintiffs alleged decedent Peter A. Lowe Sr. was exposed to asbestos while employed with his father’s company – Lowe Excavating and Construction – from approximately 1965 until the late-1970s. Plaintiffs allege this exposure resulted in Mr. Lowe being diagnosed with malignant mesothelioma in 2018, which ultimately caused him to pass away in August 2019. Plaintiffs initiated litigation asserting several theories of liability, including failure to warn, negligence, strict liability, breach of express and implied warranty, and other related claims, …

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Summary Judgment
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Union Carbide Prevails in Rare Rhode Island Asbestos Trial

Plaintiff Bonito brought this asbestos action based on her diagnosis of, and eventual passing from, mesothelioma.

Plaintiff alleged exposure from laundering her husband’s clothes from approximately 1966 to the1990s. Mr. Bonito worked at various jobs during that time.

There were two defendants who took the case to trial. Union Carbide and Graybar Electric Co. Inc. made motions to exclude the plaintiff’s experts, which were subsequently denied. Despite the adverse ruling on the motion, the case went to trial against Union Carbide.

After nine days of …

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New York / Summary Judgment
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Court Denies Valve Manufacturers Summary Judgment Motion

Supreme Court of New York, New York County

Plaintiff Raymond Lee, as administrator for the estate of the decedent, Jim Lee filed a lawsuit in the Supreme Court of New York, New York County alleging decedent was exposed to asbestos from his’s employment working around various products. Defendant, Crosby Valves, filed a motion for summary judgement to dismiss the claims against them.

A court must grant summary judgment if the movant establishes its claim “as a matter of law” and no “issue of fact” warranting …

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New York / Summary Judgment
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Court Denies Valve Manufacturer’s Summary Judgment Motion

Supreme Court of New York, New York County

In this asbestos action, Plaintiff Jane E. Wixted, as executrix for the estate of the decedent, Thomas N. Wixted (“Decedent”) filed a lawsuit in the Supreme Court of New York, New York County allegingDecedent was exposed to asbestos from his employment working around various products. Defendant, Crosby Valves, filed a Motion for Summary Judgement to dismiss the claims against them.

A court must grant summary judgment if the movant establishes its claim “as a matter of law” …

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Hearsay / Joinder / Summary Judgment
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NY Court Grants Defendant’s Motion for Summary Judgment Following Improper Service in Illinois Action

Jurisdiction:  Supreme Court of New York, New York County

In a New York City asbestos action, defendant Tishman Liquidating Corporation moved for summary judgment to dismiss plaintiff’s complaint, arguing the plaintiff’s decedent’s deposition testimony could not be used against it at trial. Tishman stated it was a necessary party to an action plaintiff commenced in Illinois and that the use of the decedent’s testimony would constitute inadmissible hearsay. Such testimony would therefore prejudice Tishman in the New York case because Article 16 bars it from presenting evidence of …

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