Category: Summary Judgment

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New York / Summary Judgment
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Engine Defendant’s Motions for Summary Judgment Denied

Court: Supreme Court of New York, New York County

Defendant Perkins Engines Inc. filed motions for summary judgment in two actions, Frederick and Nankervis.

In Frederick, Perkins filed its motion based upon a lack of product identification and causation. In support of the product identification claim, Perkins relies upon the expert report of Certified Industrial Hygienist, Catherine E. Simmons, which states that “Perkins gaskets are associated only with Perkins diesel engines” and that she is “unaware that [Perkins] manufactured or supplied friction products …

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Summary Judgment
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Defendant’s Motions for Summary Judgment Denied

Supreme Court of New York, New York County

In three asbestos actions (Learmond, Nale, and Torio), a caulk defendant moved for summary judgment, arguing that the respective plaintiffs’ claims regarding the asbestos content of the caulk and that the plaintiffs failed to meet the causation standard. In opposition, plaintiffs contend that the defendant failed to offer any evidence to show that its products could not have caused an asbestos-related illness.
Ultimately, the court denied the defendant’s motions. The court first noted that “summary judgment is …

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Motion for Reconsideration / Summary Judgment
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Flooring Defendant Denied Renewal of Two Previous Summary Judgment Decisions

Supreme Court of New York, New York County

In two asbestos actions (Avakian and Layton), defendant Mannington Mills moved to renew its summary judgment motion. Mannington contends that there was a subsequent change in the law that necessitates reversal of the court’s previous denial of two summary judgment motions. Mannington argues that the plaintiff’s expert failed to quantify the respective plaintiff’s asbestos exposure. Mannington also argues that the court failed to require the expert to set forth a specific quantification of the amount …

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Louisiana / Summary Judgment
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Summary Judgment Denied as to Cloth and Boiler Manufacturers in Robichaux Mesothelioma Matter

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

In ACT’s continuing coverage of the Robichaux mesothelioma matter pending in the United States District Court for the Eastern District of Louisiana, reported most recently here, before the court were two motions for summary judgment: one filed by defendant Uniroyal Holdings Incorporated and another filed by defendant Foster Wheeler LLC.

First, regarding Uniroyal, plaintiffs provided evidence showing that Uniroyal cloth was regularly and frequently used by and around insulators working at Avondale Shipyard …

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New York / Summary Judgment
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HVAC Defendant Summary Judgment Motion on Causation Grounds Denied

Court: Supreme Court of New York, New York County (NYCAL)

In this asbestos action, defendant SPX Cooling Technologies Inc., individually and as successor to Marley Cooling Technologies Inc., moved for summary judgment, arguing that plaintiffs failed to establish causation, and that defendant established a prima facie case for a lack thereof under Nemeth.

In its decision denying the motion, the court noted that Marley misstated plaintiff’s burden, as the standard set forth in Nemeth “represent[ed] an extraordinary post-trial remedy to set aside a jury …

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New York / Summary Judgment
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Valve Defendant Summary Judgment Motion Denied

Court: Supreme Court of New York, New York County (NYCAL)

In this asbestos action, defendant Crosby Valve LLC moved to dismiss the action, alleging that plaintiff, John Holland was not exposed to asbestos from any Crosby product. In opposition, plaintiffs highlighted Holland’s deposition testimony, which identified Crosby as a manufacturer. Plaintiffs also pointed to the purported lack of personal knowledge in Crosby’s supporting affidavit and the testimony of Crosby’s corporate affidavit, which confirmed asbestos-containing Crosby products.

Summary judgment motions are denied if the opposing party …

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Louisiana / Motions in Limine / Summary Judgment
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Defendants Unsuccessful On Motions to Preclude Experts and Summary Judgment

United States District Court for the Eastern District of Louisiana

In ACT’s continuing coverage of the Robichaux matter, Felton Robichaux filed suit in Civil District Court for the Parish of Orleans against a number of defendants alleging he was exposed to asbestos from products he worked with as an insulator and carpenter at Avondale Shipyard from 1961 to 1979.

In addition to his own employment at Avondale Shipyard, plaintiffs allege Robichaux was also secondarily exposed through contact with his brother, Junior Robichaux, who worked at …

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California / Discovery / Summary Judgment
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Court Issues Final Orders Regarding Various Motions of Automotive Defendants

Jurisdiction: Superior Court of California, County of Los Angeles

Defendants Mercedes-Benz USA LLC, Morse Tec LLC, and American Honda Motor Co. Inc. filed various motions for summary judgment, or in the alternative summary adjudication, against the plaintiff Samson Bareh’s claims that he was exposed to asbestos from their products. In addition, the defendant, Volkswagen Group of America Inc., filed a motion to compel discovery.

Mercedes-Benz filed a motion for summary adjudication of the strict liability, negligence, and fraud causes of action, as well as the …

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Adjudication / California / Summary Judgment
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Summary Judgment and Adjudication Motions Filed by Three Automotive Product Defendants; Some Granted and Some Denied

Jurisdiction: Superior Court of California, County of Los Angeles 

In this asbestos action, three defendants filed motions for summary judgment, and in some cases, in the alternative, motions for summary adjudication, against plaintiff Ronald Carpenter’s claims that he was exposed to asbestos from their products.

First, defendant ZF Active Safety US Inc. argued that plaintiffs had no evidence that Carpenter was exposed to any asbestos-containing parts from ZF Active Safety. Specifically, ZF Active Safety served interrogatories asking plaintiffs to identify people with knowledge that Carpenter was …

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New York / Summary Judgment
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Defendant Denied Summary Judgment on Punitive Damages for Failure to Provide Case-Specific Support

Jurisdiction: Supreme Court of New York, New York County

Plaintiff Kevin Burns filed an asbestos-related lawsuit against numerous defendants, including Burnham, testifying that while he worked as a plumber he was exposed to asbestos insulation and rope from the removal and installation of Burnham boilers from approximately 1958 to the early 1980s.

Burnham moved for summary judgment on plaintiff’s punitive-damages claim, arguing that plaintiff failed to establish Burnham’s conduct rose to the level of egregious and morally culpable conduct necessary for an award of punitive damages. …

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