Summary Judgment Archives - Page 3 of 61

September 20, 2023 New York / Summary Judgment

ALCOA Denied Summary Judgment Where Question of Fact Exists

Jurisdiction: Supreme Court of New York, New York County

This action was filed on behalf of decedent, Kenneth Last, alleging he was exposed to asbestos while working for general contractor, ALCOA Inc., n/k/a ARCONIC Inc., at the World Trade Center during the 1970s. ALCOA filed a motion for summary judgment arguing the fire-proofing material used at the World Trade Center during decedent’s employment was non-asbestos containing.

The court notes that summary judgment is a drastic remedy and should only be granted if the moving party …

September 14, 2023 Summary Judgment

Posted by: Jillian E. Madison

Defendant Shipyard Unsuccessful on Summary Judgment under 5th Circuit Precedent

U.S. District Court for the Eastern District of Louisiana

Plaintiff Felton Robichaux brought this asbestos-related lawsuit claiming he was exposed to asbestos through his work as a land-based insulator and carpenter at Avondale Shipyard from 1961 to 1979. In January 2022, Robichaux was diagnosed with mesothelioma and filed the instant action in Civil District Court for the Parish of Orleans. Robichaux brought state law tort claims against Avondale. Because Robichaux was primarily exposed to asbestos while working on United States Navy ships at Avondale Shipyard, …

August 15, 2023 Punitive Damages / Summary Judgment

Posted by: Asbestos Case Tracker

Water Heater Defendant Obtained Partial Summary Judgment

Superior Court of California, County of Los Angeles

In this asbestos action, defendant Rheem Manufacturing Company filed a motion for summary judgment, and alternatively summary adjudication, arguing that the plaintiffs do not have evidence that the relevant plaintiff was exposed to asbestos from Rheem products.

To show that a plaintiff cannot establish an element of a cause of action, a defendant must make the initial showing that the plaintiff does not possess, and cannot reasonably obtain, needed evidence. A plaintiff’s deposition testimony that he has …

August 15, 2023 Punitive Damages / Summary Judgment

Posted by: Asbestos Case Tracker

Supplier Defendant Succeeds in Opposing Punitive Damages

Superior Court of California, County of Los Angeles

In this asbestos action, the court considered various defense motions.

Defendant Western Auto Supply company filed a request opposing punitive damages, arguing that the plaintiffs cannot prove that it acted with oppression, malice or fraud. Summary judgment or summary adjudication on the issue of punitive damages is proper only when no reasonable jury could find the plaintiff’s evidence to be clear and convincing proof of malice, fraud or oppression.

For a corporate defendant, the oppression, fraud or …

Business and lawyers discussing contract papers with brass scale on desk

August 8, 2023 New York / Summary Judgment

Posted by: Jillian E. Madison

Judge Finds Question of Fact Regarding Boiler Manufacturer’s Warnings; Denies Motion for Summary Judgment as to Punitive Damages

Jurisdiction: Supreme Court of New York, New York County

In this asbestos-related lawsuit, the plaintiff alleged he was exposed to asbestos while working with, and around, boilers manufactured by defendant, Burnham, from 1961 to 1999.

Burnham filed a motion for partial summary judgment as to punitive damages, arguing the plaintiff failed to establish that Burnham’s conduct rose to the level of egregious and morally culpable conduct necessary for an award of punitive damages. According to Burnham, any exposure to asbestos by plaintiff through Burnham boilers were below …

August 3, 2023 Florida / Summary Judgment

Posted by: Quincy Conrad

Grant of Summary Judgment to Brake Manufacturer Reversed on Appeal

Court: Court of Appeal of Florida, First District

The decedent, Joan Smith, died from mesothelioma allegedly caused by secondary exposure to asbestos through laundering her husband’s work clothing. From 1969 through 1993, Mr. Smith was employed as a mechanic and performed brake work on Mack heavy trucks. Mack did not manufacture its own brakes but rather purchased them from third-party suppliers, including Carlisle Industrial Brake & Friction.

Carlisle acknowledged that it sold asbestos-containing brake linings to Mack from 1974 to 1979. Mack, however, was only …

July 28, 2023 New York / Summary Judgment

Posted by: Quincy Conrad

Power Companies’ Motion for Summary Judgment Denied

Court: Supreme Court of New York, New York County

Long Island Lighting Company (LILCO) is a subsidiary of Long Island Power Authority (LIPA). LIPA was created “to remedy LILCO’s conduct as a private electric provider” by closing LILCO’s Shoreham Nuclear Power Station — where the plaintiff-decedent was allegedly exposed to asbestos — and saving LILCO customers money by reducing utility costs.

LIPA and LILCO moved for summary judgment on that basis that the plaintiff failed to (1) bring their claims within the statute of limitations …

July 28, 2023 Louisiana / Summary Judgment

Posted by: Jessica Saad

Shipyard Defendant Obtains Summary Judgment Due to Prior Release

Court: United States District Court for the Eastern District of Louisiana

In this asbestos action, Felton Robichaux worked as an insulator and carpenter at Avondale Shipyard from 1961 to 1979, and alleges he was exposed to asbestos through his work, as well as through his contact with other employees at Avondale Shipyard. In 1991, Robichaux and thousands of other plaintiffs sued a number of defendants for asbestos-related injuries in In re Asbestos Plaintiffs v. Borden, which was filed in Orleans Parish Civil District Court (the …

July 28, 2023 New York / Summary Judgment

Posted by: Elizabeth M. Lautenbach

Supplier’s Motion for Summary Judgment on Causation Denied

Court: Supreme Court of New York, New York County

In this asbestos action, defendant Dykes Lumber moved for summary judgment, arguing it established a prima facie case for lack of causation under Nemeth v. Brenntag. Plaintiff Raphael Sason opposed the motion.

First, the court set forth the summary judgment standard, including that “the proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to eliminate any material issues of fact …

July 21, 2023 California / Summary Judgment

Posted by: Susan R. Allen-Robbins

Appeals Court Upholds Summary Judgment in Favor of Cooling Tower Manufacturers

Court: Court of Appeals of California, First Appellate District, Division One

Decedent Daniel Ochoa worked as a HVAC technician and pipefitter beginning in the 1970s. His work involved extensive maintenance on cooling towers throughout southern California. He was diagnosed with mesothelioma and commenced this action prior to his passing. His widow Joe Ann Ochoa and Arianna Alyssa Huerta were substituted as plaintiffs. Plaintiffs appealed from a summary judgment entered in favor of defendants Baltimore Aircoil Company (BAC) and SPX Cooling Technologies Inc. (SPX).

At his …