Category: Summary Judgment

New York / Summary Judgment
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Summary Judgment Denied for Arc Chute Manufacturer due to Plaintiff’s Continuance of Discovery

U.S. District Court for the Western District of Washington January 26, 2021

Plaintiff Ronald H. Behrmann alleges he was exposed to asbestos while serving in the U.S. Navy and later working in the Todd and Lockheed Shipyards in Seattle, Washington. The plaintiff now has mesothelioma and brings this action against various companies, including Meriden, arguing that asbestos in their products caused it.

Defendant Meriden manufacturers are Arc chutes, which are component parts used within other equipment, so the plaintiff does not allege that Meriden sold …

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New York / Summary Judgment
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Floor Tile Manufacturers’ Motions for Summary Judgment Denied

Supreme Court of New York, New York County, January 22, 2021

The decedent, Michael Layton, was diagnosed with lung cancer on July 16, 2017 and passed away on April 17, 2020. The plaintiff alleges the decedent’s lung cancer was caused by his prolonged and substantial exposure to asbestos over the course of his career during which he was involved in the removal and replacement of all types of flooring, including Biltrite’s “Amtico” and Mannington Mills brand floor tiles, at thousands of work sites. Defendants, American …

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FELA / Summary Judgment
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Summary Judgment Denied to Railroad Defendant on Issue of Foreseeability

U.S. District Court for the District of Maine, January 25, 2021

The plaintiff, Victor Coffin, alleged he was diagnosed with mesothelioma as a result of his exposures to asbestos while working for Maine Central Railroad (MCRR). Specifically, Mr. Coffin alleged that he worked as a bridge operator at the Carlton Bridge, which was built under the supervision of the Maine Department of Transportation and completed in 1929. During the time period that Mr. Coffin worked on the bridge, however, his employer, MCRR, was 100 percent …

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FELA / Summary Judgment / Washington
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Railroad Defendant’s Motion for Summary Judgment Granted Because Plaintiff’s Expert Failed to Address Negligence

U.S. District Court for the Western District of Washington, January 22, 2021

James Jacobson, a long-time railroad worker, died of kidney cancer in 2015, and his widow brings this lawsuit pursuant to the Federal Employers’ Liability Act (FELA) on behalf of his estate. She alleges that his cancer was caused by the negligent use of known carcinogens by defendant BNSF Railway Company. The plaintiff identified one expert witness, Dr. Ernest Chiodo, as both a medical expert and liability expert. The railway defendant filed two motions: …

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Appeal / New York / Summary Judgment
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Denial of Summary Judgment Upheld in Labor Law Action Against Port Authority

Supreme Court of New York, Appellate Division, First Department

In this matter, the plaintiff brought Labor Law § 200 and common law negligence claims against Defendant, Port Authority of New York and New Jersey. The decedent alleged that he developed malignant pleural sarcomatoid mesothelioma as a result of occupational exposure to asbestos at John F. Kennedy International Airport while he worked for Pan American World Airways (Pan Am) in the 1970s. The decedent passed away before he was able to be deposed. Judge Manuel Mendez, …

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Choice of Law / Rhode Island / Summary Judgment
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Burner Defendant Granted Summary Judgment; No Evidence of Product Nexus

Superior Court of Rhode Island, Providence

In this matter, the decedent alleged asbestos exposure from his work as a plumbing and heating installer/repairer in the state of Maine from 1949 until 1966. Specific to this motion, the decedent installed Wayne burners, and converted Wayne burners from coal to oil. During this work, the decedent mixed asbestos powder and applied asbestos-containing mud to seal the tube of the burner.

With regard to the choice of law analysis, both parties agreed that Maine law should be applied …

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New York / Summary Judgment
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NYCAL Judge Grants Car Manufacturer Motion for Summary Judgment Based on Supporting Affidavit

Supreme Court of the State of New York, New York County, January 6, 2021

The within matter was filed on behalf of the decedent, Patrick O’Sullivan, based on his alleged exposure to asbestos over the course of his career as a mechanic at various service stations throughout the 1970s. In 2012, the decedent died as a result of lung cancer allegedly caused by his exposure to asbestos. At his deposition, the decedent testified that he worked on Nissan branded vehicles in the 1970s, but he …

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Statute of Repose / Summary Judgment
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Plaintiffs’ Asbestos-Related Claims Not Time Barred Under Vermont’s Statute of Repose

Superior Court of Delaware, New Castle

In this asbestos matter, the plaintiff, Thomas Pearsons, alleged exposure from maintaining and cleaning a Mergenthaler Model 8 Linotype machine in connection with his employment in a newspaper printing shop. The defendant, Heidelberg, as successor in interest of Mergenthaler Linotype Company, moved for summary judgment on several grounds. First, Heidelberg argued that the plaintiff failed to satisfy the causation standard under Vermont law. However, the court set forth the plaintiff maintained the machine a couple times a day and …

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brakes
Bare Metal/Component Parts / Summary Judgment
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Trailer Manufacturer Awarded Summary Judgment on Component Parts Defense

Supreme Court of the State of New York, New York County

The plaintiff’s decedent, James Martinez, alleged that he was exposed to asbestos from, among other things, performing mechanical work, and specifically brake work, on a fleet of delivery trailers and vehicles from 1974 to 1976. During his discovery deposition, Martinez identified “East” as one of the manufacturers of trailers on which he performed this work. However, he was unable to identify the manufacturer of the old brakes that he removed from the trailers or …

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North Carolina / Summary Judgment
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Talc Manufacturer Granted Summary Judgment; Lack of Regular, Frequent, and Proximate Exposure

U.S. District Court for the Eastern District of North Carolina, Western Division

The plaintiff alleged that her daughter (the decedent) died from peritoneal mesothelioma, which she contracted after exposure to asbestos as a student in a ceramics technology course at Appalachian State University. The defendants moved for summary judgment, arguing the plaintiff failed to properly identify a product attributable to the defendants. In addition, if the plaintiff was able to establish product identification, the plaintiff failed to proffer evidence the decedent was exposed to the …

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