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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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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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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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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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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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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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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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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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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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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