Category: Summary Judgment

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North Carolina / Summary Judgment
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Summary Judgment Granted to Four Defendants Based on Lack of Frequency, Regularity, and Proximity

U.S. District Court for the Middle District of North Carolina

The plaintiffs allege that Mr. Brock (the plaintiff) was exposed to asbestos-containing materials, products, and equipment throughout his 30-year career at R.J. Reynolds Tobacco Company (RJR) in Winston-Salem, North Carolina, and that this exposure in the course of his employment has resulted in his mesothelioma diagnosis. Four defendants, Covil Corporation, Daniel International Corporation, ViacomCBS Inc., a successor-in-interest to Westinghouse Electric Corporation, and Air & Liquid Systems Corporation, a successor-in-interest to Buffalo Pumps, Inc. have filed …

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North Carolina / Summary Judgment
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Summary Judgment Granted to Three Manufacturers on Causation Grounds

U.S. District Court for the Middle District of North Carolina

Defendants Fisher Controls International LLC, Covil Corporation, and ViacomCBS Inc., successor-in-interest to Westinghouse Electric Corporation each have filed a motion for summary judgment. Additionally, the plaintiffs have filed for summary judgment against Daniel International Corporation.

By way of background, the plaintiffs allege that Mr. Kerry Vinson’s diagnosis of mesothelioma was because he was exposed to asbestos-containing materials, product and equipment through his 37-year career at Fiber Industries in Salisbury, North Carolina, and that this exposure …

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California / Summary Judgment
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Navy Defendants’ Motion for Summary Judgment Denied as Factual Disputes Remained to Claimed Defenses

U.S. District Court of the Eastern District of California, February 10, 2021

The defendants’ motion for summary judgment was before the court. The court denied the motion finding several genuine issues of material fact remained unresolved.

First, the court found it was disputed as to whether exposure to defendants’ products was a “substantial factor in contributing to the aggregate dose of asbestos the . . . decedent inhaled or ingested.” The court concluded a reasonable fact-finder could conclude the plaintiff worked with Cutler-Hammer motor controllers …

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Mississippi / Summary Judgment
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Brake Manufacturer Obtains Summary Judgment on Causation and Punitive Damages Grounds

U.S. District Court for the Southern District of Mississippi, Southern Division

In this action, the plaintiffs allege that Mr. Dickens was exposed to asbestos from his work with brakes and clutches manufactured by Defendant, Ford Motor Co. Ford moved for summary judgment on causation and punitive damages grounds. Ultimately, the court granted both motions and dismissed the plaintiff’s complaint against Ford with prejudice.

With regard to the causation issue, the court first noted that the Mississippi State Court has adopted the “frequency, regularity, and proximity” …

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New York / Summary Judgment
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Partial Summary Judgment Granted to Glove Manufacturer Based on Acquisition Agreement

Supreme Court of New York, New York County

Defendant CSC Scientific Company, Inc. filed the present motion for summary judgment arguing that the plaintiffs have failed to identify a CSC product as a source of decedent’s asbestos exposure over a period from 1976 to 1979 or at any other time. By way of background, this matter arises from decedent Michael Love’s diagnosis of mesothelioma on July 31, 2018, which led to his death on November 9, 2019.

CSC argued that the absence of evidence of …

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Delaware / Summary Judgment
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Summary Judgment Awarded to Defense Contractor in Aircraft Case under Texas Law

U.S. District Court for the District of Delaware, February 8, 2021

The plaintiffs alleged that the decedent, Arthur L. Carnes, was exposed to asbestos while serving in the United States Air Force from December 1955 to February 1964. Mr. Carnes was stationed as a mechanic at Plattsburg Air Force Base in New York from 1955 to 1961, and was then stationed at Carswell Air Force Base in Fort Worth, Texas from 1961 to 1964. Throughout his service, he inspected aircraft and worked as a crew …

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Louisiana / Summary Judgment
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Summary Judgment Affirmed; Mere Presence of Asbestos Materials Insufficient for Causation

Court of Appeal of Louisiana, Fourth Circuit

From 1975 to 1977, the decedent participated in the construction of a Marathon oil refinery while employed by Parsons Government Services, Inc. Parsons filed a motion for summary judgment, arguing the decedent could not establish that he was exposed to asbestos from his work as a pipefitter at the Marathon refinery during the aforementioned time period. One business day later, Marathon filed an ex parte motion to join in several motions. The plaintiff opposed Parsons and Marathon’s motions …

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Louisiana / Summary Judgment
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Sealant Manufacturer Granted Summary Judgment in Shipyard Case

U.S. District Court for the Eastern District of Louisiana, February 1, 2021

Plaintiff William Hulin Sr. was diagnosed with lung cancer and alleged that he was exposed to asbestos during the course of his employment at Avondale Shipyards. He sued numerous defendants, including Bayer CropScience, as successor to AmChem Products, Inc. in state court, and his case was subsequently removed to federal court in the Eastern District of Louisiana.

Bayer moved for summary judgment, arguing that the plaintiff had not introduced evidence showing that he …

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New York / Summary Judgment
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Gasket Manufacturer Denied Summary Judgment in NYCAL

Supreme Court of New York, New York County

In this NYCAL action, plaintiff Lorraine Sprague alleges take-home exposure to asbestos from laundering her husband’s clothing while he worked as an oiler/wiper and tugboat/marine engineer from the early 1960s until 1987. Following two fact witness depositions and submission of expert reports, defendant Fel-Pro moved for summary judgment. Relying on Cawein, the defendant asserted that the plaintiff failed to produce evidence of specific identification of Fel-Pro products in her husband’s area of exposure, and as such, …

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Mesothelioma
Appeal / Summary Judgment
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Summary Judgment Affirmed; Premise Defendant Did Not Control Work of Contractor

United States Court of Appeals for the Fourth Circuit

In this action, the plaintiff alleges that her husband developed mesothelioma from his work as a pipefitter while assisting with the construction of a Schlage Lock plant in 1972. As previously reported by the Asbestos Case Tracker, defendant Schlage Lock obtained summary judgment after the U.S. District Court for the Middle District of North Carolina found that there was no evidence of asbestos exposure at the Schlage Lock facility, as well as the absence of …

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