Category: Summary Judgment

United States District Court for the Eastern District of Louisiana , August 24, 2022

The Asbestos Case Tracker continues to cover the Becnel matter, in which the plaintiffs allege James Becnel was exposed to asbestos at the Avondale Shipyards in 1965.   

For purposes of these motions, the plaintiff alleged intentional tort and fraud/concealment counts against the defendants. Recently, several defendants filed for partial summary judgment on these counts the court granted.  

With regard to the intentional tort claim, the plaintiff argued that a …

U.S. District Court for the Eastern District of Louisiana, August 3, 2022

Originally filed by Decedent prior to his passing related to mesothelioma, Plaintiffs were substituted as the parties in a wrongful death claim brought against Travelers Indemnity Co. (“Travelers”), among other defendants, under Louisiana’s direct actions statute, La. R.S. § 22:1269. Decedent was a vessel inspector for American Bureau of Shipping (“ABS”) who inspected vessels to determine if they met classification requirements at various shipyards from 1970 to 2006. Defendants removed the action pursuant to federal officer …

United States District Court for the Eastern District of Louisiana, July 28, 2022

As previously reported in the Asbestos Case Tracker, decedent Callen Cortez alleged direct occupational exposure to asbestos, as well as take-home exposure from his father’s and brother’s work. As pertinent to this motion, the decedent’s father was an insulator for B&B Engineering and Supply Company from 1966 until 1968. The insurer of B&B moved for summary judgment on four grounds.

The insurer first argued that it had no duty of care to …

U.S. District Court for the Eastern District of Louisiana, July 25, 2022

As previously reported on the Asbestos Case Tracker, this matter stems from decedent Callan Cortez’s take-home exposure to asbestos, from his brother, Daniel, who lived with the decedent while he worked at Avondale Shipyards in 1967-68. Most recently, defendants ViacomCBS Inc. (Westinghouse), General Electric Company, and Foster Wheeler, LLC filed motions for partial summary judgment, seeking to dismiss the plaintiffs’ intentional-tort and fraud claims.

Summary judgment is warranted when “the movant shows that …

United States District Court for the Eastern District of Louisiana, July 8, 2022

In this asbestos matter, the defendant ViacomCBS Inc. (“Westinghouse”) moved for partial summary judgment as to Decedent Callen Cortez’s claims arising from alleged exposure to asbestos from Westinghouse’s turbines, arguing that the plaintiffs could not establish that Decedent was exposed to a Westinghouse turbine at the Monsanto plant at which he worked, that his exposures were not substantial factors in causing his mesothelioma, and that Westinghouse was not liable for any of …