Summary Judgment Archives - Page 10 of 63

December 9, 2022 California / Summary Judgment

Valve Defendants Obtain Summary Judgment on Causation

U.S. District Court for the Central District of California

In this asbestos action, decedent John Carpenter worked as a marine machinist at the Long Beach Naval Shipyard from 1973 until 1984, when he became a mechanical engineering technician. Four of his co-workers testified as to his activities while at the shipyard, as Carpenter passed before he could be deposed. Two valve defendants, Nibco and Asco, moved for summary judgment, which the plaintiffs opposed.

With regard to the exposure evidence in this case, two co-workers testified …

November 9, 2022 California / Summary Judgment

Posted by: Kerry L. Jones

Retail Distributer’s Motion for Summary Judgment on Product-Identification Grounds Denied

Superior Court of California, County of Sacramento, November 9, 2022

In this asbestos matter, the plaintiffs alleged that the decedent, Gail Chandler, developed mesothelioma as a result of exposure to asbestos-containing products. The plaintiffs alleged that the defendant, Parts Warehouse, a retail distributer, sold asbestos-containing parts to the decedent and/or the decedent’s employer, and that these parts caused the decedent to be exposed to asbestos. The plaintiffs further argued that Parts Warehouse also had liability for parts obtained through its alternative entity; Lamus-Lundlee Co. Parts …

November 2, 2022 Louisiana / Summary Judgment

Posted by: Susan R. Allen-Robbins

Defendants’ Corporate Representatives’ Testimony Condemns own Motions

United States District Court for the Middle District of Louisiana, October 31, 2022

Plaintiffs brought this wrongful death and survival action on behalf of decedent Kirk Reulet, alleging that Mr. Reulet was exposed to asbestos while working as a tradesman at various marine-economy jobs from 1972 to 2013. Plaintiffs alleged that this exposure led to his mesothelioma diagnosis and eventual death, and sought damages from dozens of defendants, including employers, premise owners, asbestos manufacturers or supplies, and insurers.

Defendants General Electric Company and ViacomCBS Inc. …

October 26, 2022 Louisiana / Summary Judgment

Posted by: Susan R. Allen-Robbins

Third-Parties Prevail on Summary Judgment Thanks to Employer’s Lack of Evidence

U.S. District Court for the Eastern District of Louisiana, October 24, 2022

Plaintiff Ronald John Falgout, as the independent executor and successor of decedent Ruby Lee Marie Falgout, brought this action in October 2022 after Falgout succumbed to the fatal effects of mesothelioma in August 2022. The plaintiff alleged that the decedent’s secondary exposure from asbestos fibers on his work clothes caused her cancer diagnosis. The plaintiff worked as a laborer, operator, oil king, and rainmaker at the Avondale Shipyards from 1965 to 1979. He …

October 24, 2022 Louisiana / Summary Judgment

Posted by: Asbestos Case Tracker

Plaintiffs Granted Partial Summary Judgment Based on “Substantial Factor” Standard

United States District Court for the Middle District of Louisiana, October 21, 2022

The plaintiffs allege that Decedent Kirk Reulet was asbestos to asbestos throughout his 45-year career. The plaintiffs seek summary judgment on two issues: First whether Decedent developed mesothelioma prior to his death; and second, whether mesothelioma resulted in his death.

In December 2018, Decedent was diagnosed with peritoneal mesothelioma. Decedent died two weeks later on January 2, 2019. Decedent’s death certificate lists four “diseases, injuries, or complications … that directly caused the …

October 24, 2022 Massachusetts / Summary Judgment

Posted by: Asbestos Case Tracker

Gasket/Packing Manufacturer Fails Government Contractor Defense

United States District Court for the District of Massachusetts, October 21, 2022

In this case, the plaintiffs Arnold and Ruth Pritt allege that Arnold Pritt (“Plaintiff”) was exposed to asbestos while serving in the U.S. Navy in the 1960s. Among other products, the plaintiff alleges that he was exposed to asbestos from John Crane packing and gaskets. Defendant John Crane filed a motion for summary judgment, asserting that the plaintiffs’ claims for failure to warn and design defect are barred by the government contractor defense …

October 20, 2022 Louisiana / Summary Judgment

Posted by: Asbestos Case Tracker

Partial Summary Judgment Granted, Rejecting Government Immunity Defense of Shipyard defendants

United States District Court for the Eastern District of Louisiana

Plaintiff Linda Crossland alleged take-home exposure to asbestos from her husband’s clothing while he was employed at the Avondale Shipyards, where he was responsible for constructing and repairing vessels. Plaintiff sued numerous defendants, alleging they negligently failed to warn her husband about the dangers of asbestos and failed to provide him with safe premises. Avondale removed the action to federal court, relying on “government contractor immunity” established by Boyle and the “derivative sovereign immunity” defense set …

October 14, 2022 Louisiana / Summary Judgment

Posted by: Elizabeth Lautenbach Adams

Government Contractor Defense Inapplicable to Plaintiff’s Failure to Warn and Prevent the Spread of Asbestos Claims

United States District Court for the Eastern District of Louisiana, October 12, 2022

In this asbestos action, Plaintiff Ruby Lee Marie Falgout (“Plaintiff”) alleged take-home exposure from laundering her husband’s clothes while he worked around Hopeman employees cut and installed asbestos wall board at the Avondale Shipyards (“Avondale”). The plaintiff filed a motion for partial summary judgment barring Avondale from availing itself of the government contractor defense. The plaintiff contended that Avondale’s failure to warn was discretionary. The plaintiff also argued that the court should …

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October 12, 2022 New York / Summary Judgment

Posted by: Susan R. Allen-Robbins

Pump Manufacturer’s Motion for Summary Judgment on Replacement Parts Denied; Court Critical of Corporate Representative Affidavit

Supreme Court of the State of New York, New York County, October 11, 2022

In this asbestos action, the plaintiff Gloria Maryn alleged exposure to asbestos from laundering the clothes of her son, Victor Arana. Mr. Arana worked as a plumber’s apprentice for the New York Plumbers Association from 2000 to 2014. One product that Mr. Arana worked with, and that he believes contained asbestos, was Armstrong pumps. Specifically, Mr. Arana removed external insulation from Armstrong pumps and the dust from this insulation would allegedly …

October 10, 2022 New York / Summary Judgment

Posted by: Elizabeth Lautenbach Adams

Automotive Defendant’s Motion for Summary Judgment Fails as Issues of Fact Remain on Causation and Punitive Damages

Supreme Court of New York, Erie County, October 6, 2022

In this asbestos action, Plaintiff Joseph Skrzynski alleged that he developed malignant mesothelioma as a result of occupational exposure to asbestos from brakes and clutches manufactured by Ford. Ford moved for summary judgment on several grounds.

First, the court determined that Ford did not meet its burden of proof on general causation. The court determined that that “the opposing experts disagree on causation or increased risk of disease, thus raising material fact issues of causation …