Category: Summary Judgment

Expert Challenges / New York / Summary Judgment
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Lack of Causation Leads to Grant of Summary Judgment for Friction Defendant in Lung Cancer Case

NEW YORK – The plaintiff, Glen Schrank, sued multiple defendants, including Ford Motor alleging that he developed lung cancer from his work as an automobile mechanic from approximately 1972-1991. Schrank smoked Parliament filtered cigarettes beginning in 1966 and smoked between one and one and a half packs per day. Ford moved for an order precluding the plaintiff’s expert witnesses or in the alternative a Frye Reed hearing. In support of its position, Ford offered an affidavit from Dr. Anil Vachani. Dr. Vachani’s testimony illustrated various …

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Maritime/Admiralty Law / Summary Judgment / Washington
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Multiple Defendants Granted Summary Judgment in Maritime Action on Lack of Causation

WASHINGTON – The plaintiffs filed suit against multiple defendants, including Foster Wheeler Energy Corporation, Warren Pumps, and Air & Liquid Systems Corporation, alleging that their decedent, Deem, developed mesothelioma as a result of exposure to asbestos-containing products while working as a machinist at the Puget Naval Shipyard from 1974-1981. Two co-workers testified as to work performed at the shipyard. Work included repairs on lots of equipment including valves, pumps, catapults, distilling plants, turbines, compressors, and steam traps. Additional tasks included removal of old flange gaskets, …

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New York / Summary Judgment
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Court Grants Summary Judgment for Furnace Manufacturer Based on Lack of Evidence of Exposure

NEW YORK – On January 24, 2020, the Honorable Deborah Chimes granted Foster Wheeler, LLC’s motion for summary judgment in the Schuman case. The plaintiff, Patricia Schuman, executrix for the decedent , Matthew Schuman, filed suit alleging that the decedent died of mesothelioma as a result of his exposure to asbestos. The decedent passed away prior to being deposed in this action, but was deposed in March 2003 in a separate action for his damages related to pleural plaques. The plaintiff argued that the decedent …

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Louisiana / Summary Judgment
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Court Grants Pump Manufacturer’s Unopposed Motion for Summary Judgment Finding No Genuine Issue of Material Fact

LOUISIANA – On March 7, 2018, a lawsuit was filed on behalf of the plaintiff, Cary Gomez, alleging take-home exposure to asbestos through the plaintiff’s father’s employment at Avondale Shipyards in the 1960s, and through the plaintiff’s work as a plumber for Aardvark Contractors, Inc. from 1988 to 2011. The plaintiff contends that he contracted mesothelioma from his exposure to asbestos.

The defendant, Viking Pump, Inc., filed a motion for summary judgment arguing that the plaintiff has failed to provide evidence:

  1. That the plaintiff or
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Appeal / Summary Judgment / Wisconsin
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Defendant’s Summary Judgment Upheld by Wisconsin Appellate Court Finding That the 10-Year Statute of Repose Barred Appellant’s Claims

WISCONSIN – In this appellate action, Jacqueline Nooyen, the plaintiff, sought to appeal the circuit court’s decision to grant summary judgment to the defendants, Wisconsin Electric Power Company, Madison Gas and Electric Company, Wisconsin Power & Light Company, and Wisconsin Public Service Corporation.

The plantiff’s husband, the decedent, was a career pipefitter who, between 1970 and 1973, was involved in the original construction of two nuclear power plants owned by the defendants. On December 2, 2016, the decedent was diagnosed with mesothelioma as a result …

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Appeal / Summary Judgment
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California Appellate Court Upholds Defendants’ Summary Judgment Based Upon Appellants’ Failure to Create a Triable Issue of Material Fact

CALIFORNIA – In July 2016, Ann Patrice Gibbons, the plaintiff/appellant, was diagnosed with mesothelioma. A lawsuit was filed by the appellant and her husband in December 2016, alleging the appellant’s exposure to asbestos through her own use, from 1980 to 2000, of Shower to Shower talcum powder manufactured by Johnson & Johnson Consumer Inc. (JJCI), as well as take-home exposure from the appellant’s current and former spouses, who worked in the construction industry from 1981 to 2000.

JJCI, along with their supplier of talc, Imerys …

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Pennsylvania / Summary Judgment
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Defendants Win Locomotive Inspection Act Preemption Argument on Summary Judgment Motion in Pennsylvania

PENNSYLVANIA – A personal injury lawsuit was filed in the court of common pleas of Philadelphia County in April 2016 on behalf of the decedent, Diane Shields. Thereafter, it was removed to federal court. The complaint alleged common law causes of action for negligence, wrongful death and survivorship claims due to the decedent’s exposure to asbestos through her employment at the Motor Coils Manufacturing Company in Braddock, PA.

The decedent worked as a laborer at Motor Coils where she cleaned pinion gears as part of …

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Connecticut / Maritime/Admiralty Law / Summary Judgment
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Lack of Admissible Evidence Against General Electric Leads to Grant of Summary Judgment in Maritime Meso Case

CONNECTICUT – The Carlson’s brought suit against several defendants including General Electric (GE) alleging that Kurt Carlson developed mesothelioma as a result of exposure to the defendants’ asbestos-containing products while working as a radiological control technician for General Dynamics/Electric Boat Corp. from 1973-1974. The plaintiffs provided answers to interrogatories to GE. The answers did not list GE as the plaintiff’s employer or as a product to which he was exposed. The plaintiff was also deposed and did not name GE as a product to which …

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Illinois / Summary Judgment
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Plaintiffs’ Civil Conspiracy Claims Fail Due to Established Illinois Precedent

ILLINOIS — In John Jones et al. v. Pneumo-Abex LLC, et al., the Supreme Court of Illinois ruled on consolidated appeals of Owens-Illinois, Inc. and Pneumo Abex LLC regarding conspiracy claims related to suppressing information about the dangers of asbestos. Approximately 20 years ago, this court held that jury verdicts entered against Owens Corning and Owens-Illinois based on claims of civil conspiracy could not stand and that those defendants were entitled to judgment as a matter of law. The appellate court reached the same …

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Summary Judgment
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Insurer’s Claim for Reimbursement Misses Pleading Deadline

MINNESOTA – The Continental Insurance Company sold general liability policies to McQuay-Perfex, Inc., a company that manufactured and sold products containing asbestos. McQuay-Perfex went through a series of mergers and name changes throughout its history, leaving Daikin Applied Americas, Inc. as its successor by merger. Daikin was named the defendant in a series of asbestos suits, and it tendered the suits to Continental. Continental provided a defense subject to a reservation of rights and filed a separate declaratory judgment action to determine coverage.

In August, …

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