Category: Summary Judgment

Maritime/Admiralty Law / Summary Judgment
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Summary Judgment Granted Dismissing Plaintiff’s State Claims Against Employer Under LHWCA

United States District Court for the Eastern District of Louisiana, May 19, 2022

In this asbestos action, plaintiff Callen Cortez brought state tort claims against Continental Insurance Company, sued in its capacity as the insurer of Halter Marine Services, Inc. The plaintiff worked at Halter Marine from 1974 until 1975, and was subsequently diagnosed with mesothelioma in 2020. Continental moved for summary judgment on the basis that the plaintiff’s claims against it are preempted under the Longshore and Harbor Workers’ Compensation Act (LHWCA).

Ultimately, the …

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Maritime/Admiralty Law / New York / Summary Judgment
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Motions for Summary Judgment in Jones Act Matter Denied on Statute of Limitations and Causation Grounds

United States District Court for the Southern District of New York, May 9, 2022

In this asbestos action, decedent Carlo Badamo served on several vessels during his time as a merchant marine from 1944 to 1955. Thereafter, he alleged that he developed asbestos-related cancer and brought a claim under the Jones Act. Three defendants: Farrell Lines, Chiquita, and Chevron, brought motions for summary judgment contending that the decedent’s claim is barred by the three-year statute of limitations. The defendants assert that the decedent underwent X-ray …

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Louisiana / Summary Judgment
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Plaintiff’s Motion for Summary Judgment on General Causation Granted as Against Various Defendants

United States District Court for the Eastern District of Louisiana, April 18, 2022

In this case, the plaintiff moved for summary judgment as to general causation of his mesothelioma diagnosis. Eight defendants filed five oppositions to the plaintiff’s motion; however, they largely did not challenge the plaintiff’s mesothelioma diagnosis or asbestos as its cause. Rather, they contested specific causation or “the sources of plaintiff’s exposure, the asbestos fiber types to which he was exposed, and whether particular products or defendants are responsible for causing his …

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Appeal / Summary Judgment
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Prior Release Bars Plaintiff’s Claims Against Railroad Defendant

U.S. Court of Appeals for the Fifth Circuit

Plaintiff Leopoldo Mendoza-Gomez worked for 20 years as a laborer for the defendant, Union Pacific Railroad Company. He alleges that, while working for Union, he was exposed to various toxic substances including asbestos, and that he was diagnosed with cancer and asbestosis in 2019. In response to his filing of a federal lawsuit, Union asserted that the plaintiff’s claims were barred due to a release that the parties entered into in 2012. In that release, the plaintiff specifically …

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Pennsylvania / Summary Judgment
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Court Grants Summary Judgment to Turbine Defendants Finding Manufactures Entitled to Bare-Metal Defense

United States District Court for the Eastern District of Pennsylvania, April 1, 2022

The decedent’s widow brought this suit on behalf of the decedent alleging that the decedent’s occupational exposure to asbestos during his time in the Navy is attributable to turbines manufactured by the Westinghosue Corporation. The plaintiff also brought suit against the defendant CBS Corporation alleging CBS is a successor by merger of Westinghouse. The plaintiff also contends decedent’s injuries were caused in part by turbines manufactured by General Electric Company.

The defendant …

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New York / Summary Judgment
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Denial of Floor Tile Manufacturer’s Motion for Summary Judgment

Supreme Court of New York, New York County, March 29, 2022

From 1964 to the early 1970s, the plaintiff worked as a carpenter with his brother-in-law and the Carpenter’s Union, Local 257.  From 1969 to his retirement in 2007, he worked as a carpenter at commercial and residential locations throughout New York.  The plaintiff was diagnosed with lung cancer in March 2020.  The plaintiff filed a lawsuit premised on his exposure to Goodyear floor tile that he encountered during the late 1960s and early 1970s.  …

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Summary Judgment
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Employer Defendant Successful on Summary Judgment, Except for Claims of Take-Home Exposure

The plaintiff, Callen Cortez, was diagnosed with mesothelioma on June 2, 2020. On July 1, 2020, he filed an asbestos-related lawsuit against Avondale and approximately thirty-four other defendants, alleging that he contracted mesothelioma as a result of exposure to asbestos during his employment with various companies, including Avondale, as well as take-home exposure resulting from his brother’s work with various companies, including Avondale.

Avondale filed a motion for summary judgment alleging that the plaintiff’s claims against it should be dismissed because they are preempted by …

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Expert Challenges / New York / Summary Judgment
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Electrical Equipment Manufacturer’s Motions to Preclude Expert Testimony and for Summary Judgment Denied

U.S. District Court for the Southern District of New York, March 28, 2022

In this asbestos action, plaintiff Arnold Pritt alleged that he was exposed to asbestos during his service in the U.S. Navy, and over the course of his career as a civilian electrician. Mr. Pritt was diagnosed with mesothelioma in September 2019. On October 10, 2019, he filed suit in New York State Supreme Court against a variety of defendants, including the General Electric Company (GE). The case was subsequently removed to federal …

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Delaware / Summary Judgment
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Brake Machine Defendant Summary Judgment Decision Reversed on Appeal

Superior Court of Delaware, March 28, 2022

In this asbestos action, plaintiff Shelley Droz alleged that her husband, Eric Droz, was diagnosed with mesothelioma as a result of his exposure to asbestos while using an arc grinding machine to resurface brake shoes. She alleged that Hennessy’s predecessor-in-interest manufactured the arc grinding machine, and further alleged that Hennessy knew that the grinding process generated asbestos-containing dust, and had a duty under Washington State law to warn Mr. Droz about the potential dangers of exposure to asbestos …

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Louisiana / Summary Judgment
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Electric Product Manufacturer Successful on Summary Judgment After Court Finds No Evidence of Exposure to Defendant’s Products

U.S. District Court for the Eastern District of Louisiana, March 14, 2022               

The plaintiff, Marsha Roussell, filed an asbestos-related lawsuit alleging that she was secondarily exposed to asbestos via work performed by her father, Asward Theriot, and her uncle, Tracy Theriot, which caused her to be diagnosed with mesothelioma. Plaintiff alleged her father and uncle worked with products manufactured by defendant ViacomCBS, Inc., f/k/a CBS Corporation, f/k/a Viacom Inc., successor by merger to CBS Corporation, f/k/a Westinghouse Electric Corporation while employed at Avondale Shipyard at …

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