Category: Summary Judgment

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Louisiana / Summary Judgment
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Asbestos Distributor Defendant Obtains Summary Judgment Due to Lack of Identification

United States District Court for the Eastern District of Louisiana, Jan. 13

Plaintiff Glen King  alleged that his exposure to asbestos during the course of his employment with the United States Navy, Louisiana State University, and BASF Corporation caused him to develop mesothelioma. He sued various defendants including Union Carbide, alleging in his negligence claim that Union Carbide supplied asbestos-containing products to his worksites and failed to adequately warn him of the presence of asbestos and the health hazards associated therewith. This matter was removed …

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Summary Judgment
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Pump Manufacturer’s Motion for Summary Judgment Denied

Supreme Court of New York, New York County  

Plaintiff Jane Wixted, individually and as executrix of the estate of decedent Thomas Wixted, filed the instant lawsuit claiming that the decedent was exposed to asbestos in connection with pumps manufactured by Milton Roy. Between 1964 and 1976, the decedent worked in various positions at the Suffolk State School. Daniel Stoffel, hired by the decedent to work as a fireman for the Suffolk State School, testified that the decedent was present when he removed and replaced …

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New York / Summary Judgment
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Automobile Manufacturer Denied Summary Judgment as Corporate Representative Affidavit Deemed Insufficient

Court: Supreme Court of New York, New York County

In this asbestos action, the defendant, Francesco Carboni, alleged asbestos exposure working on automobiles for Zumbach Sports Cars. The defendant, Porsche Cars North America, moved for summary judgment, arguing that the decedent was not exposed to asbestos from any PCNA products. The plaintiff Susan Carboni opposed PCNA’s motion.

PCNA argued that it could not be liable for any alleged exposure in this case as the decedent testified that he last worked on Porsche automobiles in 1981 …

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Mesothelioma
New York / Summary Judgment
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Pump Manufacturer Obtains Partial Summary Judgment

Court: Supreme Court of New York, Appellate Division, Third Department

In this asbestos action, the plaintiff, Albert Howard, contends that he developed mesothelioma following his service in the United States Navy from 1961 to 1978. During this time, he alleged asbestos exposure from working with pumps, including Armstrong pumps, while serving on various submarines whose names he could not recall. The defendant, Armstrong, moved for summary judgment, which the plaintiff opposed. The trial court denied Armstrong’s motion.

Armstrong appealed the trial court’s denial of summary judgment. …

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Mesothelioma
Appeal / Pennsylvania / Summary Judgment
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Grant of Summary Judgment to Employer Defendants Reversed on Appeal

Jurisdiction: Superior Court of Pennsylvania

Richard and Pamela Shellenberger filed a lawsuit to recover damages from several defendants, including Mr. Shellenberger’s employers — Kreider Dairy Farms Inc. and Noah W. Kreider & Sons LLP (Appellees) — as a result of his exposure to asbestos and subsequent mesothelioma diagnosis, from which he ultimately died. Specifically, they alleged that Mr. Shellenberger was exposed to asbestos through maintenance work he performed on the boiler at Kreider Farms’ dairy processing plant from 1972 through September 1980.    

The appellees …

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New York / Summary Judgment
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Gasket Manufacturer’s Motion for Summary Judgment Denied in Take Home Exposure Case

Plaintiff Edith Niedert alleged that she developed lung cancer as a result of her exposure to asbestos from laundering the clothing of her husband, Paul Niedert. From 1956 to 1993, Mr. Niedert was employed as a plumber and steamfitter, and was responsible for removing and installing Goodyear gaskets and gasket-containing materials. The plaintiff was diagnosed with lung cancer on July 19, 2017. 

In a motion for summary judgment, Goodyear argued that the plaintiff’s exposure to asbestos from laundering her husband’s clothing was “so insignificant that it …

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Mesothelioma
California / Expert Testimony / Summary Judgment
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Valve Defendants Obtain Summary Judgment Due to Lack of Causation Evidence

Court: United States District Court for the Central District of California

In this action, the plaintiffs alleged that the decedent, John Carpenter, contracted and died from mesothelioma due to exposure to asbestos, which occurred in part during his service in the Navy. Before the court are two motions: defendant Nibco Inc.’s motion for summary judgment or in the alternative summary adjudication (the “Nibco Motion”); and defendant Asco Valve Inc.’s (“Asco”) motion for summary judgment (the “Asco Motion”).

Four of the decedent’s coworkers testified about the …

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California / Summary Judgment
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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 …

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Mesothelioma
California / Summary Judgment
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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 …

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Mesothelioma
Louisiana / Summary Judgment
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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. …

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