Category: Summary Judgment

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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Mesothelioma
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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Georgia / Summary Judgment
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Summary Judgment Affirmed and Reversed for Three Premises Defendants Relating to Several Duty Issues

Court of Appeals of Georgia, Fourth Division, March 10, 2022

In this asbestos action, plaintiff Kevin Sinyard developed malignant pleural mesothelioma following a 25-plus year career as a pipefitter. Sinyard commenced an asbestos-related action against several defendants. Three of the defendants include premises defendants (Georgia Power, Ford Motor Company, and Piedmont Hospital), where Sinyard worked from 1975 until 1989. The trial court granted summary judgment to all three defendants. Following the plaintiff’s appeal, the Court of Appeals affirmed in part and reversed in part the …

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Summary Judgment / Virginia
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Court Denies Boiler Defendant’s Motion for Summary Judgment in Maritime Case

U.S. District Court for the Eastern District of Virginia, Norfolk Division, March 3, 2022

Plaintiff Jerome Gehant served in the US Navy from 1967 until 1970 on the USS America as a boiler technician. The plaintiff alleges that the insulation, gaskets, insulating cement, and packing on, around, and inside the boilers contained asbestos. He specifically claims that the Foster Wheeler boilers on the ship did not contain warnings about the dangers of asbestos, and that Foster Wheeler knew that asbestos and asbestos-containing products posed a …

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Appeal / Pennsylvania / Summary Judgment
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Court Upholds Plumbing and Heating Employer’s Motion for Summary Judgment Finding No Successor-In-Interest Liability

Superior Court of Pennsylvania, January 26, 2022

In these asbestos actions, Kelly Smith, the executrix of the estate if Daniel R. Harrity, and Maxine Rosenkeimer, the executrix of the estate of Arthur W. Rosenkeimer, appeal a December 2020 order dismissing all claims and parties and an August 2020 order granting summary judgment to Appellee Vanadium Enterprises Corporation. With regard to the August 2020 order, the court concluded that the record lacked insufficient evidence to support a finding that Vanadium was liable as a successor to …

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Discovery / Summary Judgment
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Plaintiff’s Proof Against Exhauster Manufacturer Deemed Insufficient to Overcome Summary Judgment

U.S. District Court for the Western District of North Carolina, Asheville Division, January 26, 2022

In this asbestos action, plaintiff Rita W. Barkley alleges that she contracted mesothelioma from laundering her father’s work clothes. Foster Wheeler, the only remaining defendant in this action, moved for summary judgment with respect to all of the plaintiff’s claims, and moved to exclude the affidavit of Richard Fay Carpenter, which was submitted in support of the plaintiff’s response in opposition of the motion for summary judgment.

First, the plaintiffs …

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New York / Summary Judgment
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Court Finds Issue of Fact Present, Denies Floor Tile Manufacturer’s Motion to Reargue

Supreme Court of New York, New York County; January 18, 2022

In this matter, the plaintiff filed an asbestos-related personal injury action against defendant American Biltrite alleging that the decedent was exposed to asbestos from working with American Biltrite floor tiles. American Biltrite moved for summary judgment to dismiss the action, and the motion was denied. American Biltritethen moved to reargue the decision denying its motion.

To begin, CPLR 2221(d)(2) permits a party to move for leave to reargue a decision upon a showing that …

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New York / Summary Judgment
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Joint Compound Manufacturer’s Motion for Summary Judgment Denied Despite Expert Support

Supreme Court of New York, New York County; January 14, 2022

In this asbestos-related action, defendant Dykes Lumber Company, Inc., filed a motion to dismiss on the grounds that the plaintiff failed to establish that he was exposed to asbestos from joint compound sold by Dykes Lumber or, alternatively, that there was insufficient evidence to establish specific causation. Dykes Lumber argued that the plaintiff’s deposition testimony was insufficient to identify any of the products Dykes Lumber sold, and further, that any exposure the plaintiff had …

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Summary Judgment / Washington
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Plaintiff Failed to Provide Evidence That Insulation Manufacturer Caused Mesothelioma, Summary Judgment Affirmed

Court of Appeals of Washington, Division One; January 24, 2022

The decedent, Duane Hickson, filed an asbestos-related lawsuit alleging he was exposed to asbestos when he worked as a pipefitter throughout his life, including at the Atlantic Richfield Company (ARCO) Cherry Point Refinery. In April 2019, the decedent was diagnosed with mesothelioma and subsequently passed away on February 6, 2020.

ARCO moved for summary judgment, alleging that the plaintiff failed to demonstrate that the decedent had been exposed to asbestos at Cherry Point, that there …

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