Category: Summary Judgment

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Summary Judgment
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Johns Manville Cannot be a Joint Tortfeasor Without Filing a Bankruptcy Trust Claim

U.S. District Court for the Eastern District of Louisiana, May 13, 2020

The plaintiffs alleged that Cary Gomez (decedent) contracted and died from mesothelioma as a result of take home exposure to asbestos through the decedent’s father’s work at Avondale Shipyards in the 1960s. The decedent was also allegedly exposed to asbestos through his own work as a plumber with Aardvark Contractors, Inc. from 1988 to 2011. The plaintiffs also named Wayne Manufacturing Company as a defendant, alleging that the company “manufactured and distributed asbestos …

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Louisiana / Summary Judgment
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Louisiana District Court Denies Summary Judgment on Plaintiffs’ Intentional Tort, Fraud, and Concealment Claims

U.S. District Court for the Eastern District of Louisiana, April 27, 2020

The plaintiffs alleged the decedent, Callen L. Dempster was exposed to asbestos and asbestos-containing products while employed at the Avondale Shipyards from 1962 to 1994. Defendant Huntington Ingalls Incorporation (f/k/a Avondale Shipyards, Inc.) (Avondale) moved for partial summary judgment on the plaintiffs’ intentional tort, fraud, and concealment claims, arguing the plaintiffs could not show that Avondale either consciously desired the decedent contract lung cancer, or knew that his lung cancer was substantially certain …

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Missouri / Summary Judgment
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Inference of Exposure Leads to Reversal of Summary Judgment against Boiler Defendant

Plaintiffs filed suit against several defendants including Cleaver Brooks “CB” alleging that their decedent, Ronald Callanan, developed and passed from asbestosis as a result of his exposure to defendants’ products. Specifically, Plaintiffs alleged that Callanan worked with David Wolfe at FM Engineering as a field inspector. Their work included inspecting CB boilers but Wolfe was unable to testify that he saw Callanan inspect those boilers because they worked independently from one another. Callanan also worked with Samuel Sorrels at Protection Mutual until 1987. CB moved …

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Mesothelioma
Pennsylvania / Summary Judgment
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Pennsylvania District Court Denies Summary Judgment to Defendant Under Colorado Law

United States District Court for the Western District of Pennsylvania.

Plaintiffs alleged that Harald H. Mehnert developed mesothelioma as a result of his exposure to asbestos-containing laboratory equipment while working as a lab technician at the U.S. Geological Survey in Denver, Colorado from 1959 to 1995. Plaintiffs sued numerous defendants, including Fisher Scientific Company, LLC (“Fisher”), and Mr. Mehnert generally alleged that he used asbestos-containing paper tape, cloth, clamps with asbestos sleeves, gloves, and boards that he ordered from both Fisher and a company called …

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Delaware / Summary Judgment
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Court Recommends Granting Summary Judgment to Pump and Valve Manufacturer

On March 25, 2020, the U.S. District Court for Delaware “recommended” granting summary judgment to defendants Flowserve US, Inc. and Air & Liquid Systems Corporations. By way of background, plaintiffs Pietro Vocciante and Rosalba V. Assante filed a personal injury action against multiple defendants including Flowserve US, Inc. and Air & Liquid Systems Corporation alleging that Mr. Vocciante developed mesothelioma as a result of exposure to asbestos-containing materials during his career as a cadet engineer aboard various oil tanker ships. Mr. Voccinate (“decedent”) subsequently died …

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Summary Judgment / Washington
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Summary Judgment Granted to Employer Under Washington Industrial Insurance Act

U.S. District Court for the Western District of Washington, March 16, 2020

WASHINGTON – On March 16, 2020, the U.S. District Court for the Western District of Washington granted summary judgment to defendant, Alcoa, holding that the plaintiff’s claims were barred by the Washington Industrial Insurance Act (WIIA). The plaintiff, Clinton Casey, worked as a utility laborer and pot tender for Alcoa Wenatchee Works, an aluminum manufacturing facility, from 1973 to 2005. He alleged that during this time he was exposed to asbestos from other …

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Summary Judgment
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NC District Court Denies Defendants’ Request to Stay Proceedings Pending Outcome in North Carolina Industrial Commission Action

United States District Court, E.D. North Carolina, February 25, 2020

NORTH CAROLINA – The plaintiff, Belinda Foushee filed a claim with North Carolina Industrial Commission (NCIC) against Appalachian State University (ASU) alleging her daughter, Anneka Foushee or the decedent, contracted and died from mesothelioma as a result of her exposure to asbestos-containing products she used as a student at ASU. Under N.C. Gen. Stat. Section 143-291, NCIC adjudicates tort claims against the institutions and agencies of the State of North Carolina that arise as a …

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Expert Challenges / Motion to Dismiss / North Carolina / Summary Judgment
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Plaintiff’s Experts Stricken for Failure to Comply with Scheduling Order

U.S. District Court, E.D. North Carolina, Northern Division, February 26, 2020

NORTH CAROLINA – On December 21, 2017, the plaintiff, Karen Cahoon  filed a complaint alleging state law claims of negligence, breach of an implied warranty, failure to warn and punitive damages against, among others, the defendant, Edward Orton, Jr. Ceramic Foundation. A scheduling order was issued by the court on May 11, 2018.  After multiple joint requests on behalf of  Cahoon and the defendant, on Jan. 8, 2019, the court issued new deadlines for …

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Illinois / Remand/Removal / Summary Judgment
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Remand in Meso Case Denied Upon Finding that Common Defense Exception Inapplicable

U.S. District Court C.D. of Illinois, February 25, 2020

ILLINOIS – The plaintiff sued several defendants alleging that Roy Hicks developed mesothelioma as a result of his exposure to asbestos for which the defendants were allegedly responsible. Specifically, Mr. Hicks alleged exposure to asbestos while working for the City of Bloomington, where he encountered asbestos from vehicles made by Ford, and others. He also alleged exposure to products from John Crane as a result of his wife’s work at General Electric. As trial approached, the …

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Connecticut / Summary Judgment
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Court Grants Summary Judgment to Turbine Manufacturer Due to Lack of Causation

CONNECTICUT – The plaintiff, Patricia Murray, alleged that the decedent was exposed to asbestos from products manufactured or marketed by multiple defendants, including CBS Corporation. The defendant filed a motion for summary judgment arguing that there was insufficient evidence from which a reasonable jury could conclude that the decedent was exposed to asbestos from CBS’s products. The motion was unopposed.

The plaintiff’s claims of strict liability, negligence, breach of warranty, and failure to warn all fall under the Connecticut Products Liability Act (CPLA). Causation is …

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