Category: Summary Judgment

Case Decisions / Statute of Repose / Summary Judgment / Wisconsin
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Turbine Manufacturer’s Motion for Summary Judgment Denied on Statute of Repose; Gasket Manufacturer’s Motion Granted for Lack of Product ID

In this federal court case, the decedent, Charles Nuutinen, is alleged to have been exposed to asbestos while working as a pipefitter from 1959 through 1996 at various jobsites in Wisconsin, including the Point Beach Nuclear Power Station. The defendant, CBS, the entity responsible for turbine manufacturer Westinghouse Electric Corporation, moved for summary judgment on the Wisconsin statute of repose and gasket manufacturer John Crane moved for lack of product ID. The court denied CBS’ motion, but granted Crane’s motion.

CBS argued, and the plaintiff …

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Case Decisions / Louisiana / Summary Judgment
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Several Automotive Parts Manufacturers and Tractor Manufacturer Granted Summary Judgment on Various Grounds

The plaintiffs in this federal court case alleged that the decedent, Douglas Hayes, died from mesothelioma as a result of his exposure to asbestos “while living on the family farm in the following ways: (1) secondary exposure from father’s clothing from birth to the late 1960s, (2) while working on three Case [CNH] tractors, (3) and by being exposed to asbestos containing products such as gaskets, packing, valves and pumps. Mr. Hayes also alleges that he was exposed to asbestos from other products either manufactured …

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Case Decisions / Florida / Summary Judgment
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Federal Procedural Law Applied Over State Law in Summary Judgment Motions Brought by Manufacturers of Safety Mask and Aircraft Component Parts in Naval Exposure Case

In this federal court case that was removed from Florida state court, the plaintiff, Darryl Dugas, and his wife filed a second amended complaint alleging four causes of action regarding their claim that Mr. Dugas developed mesothelioma from his work as an aircraft structural mechanic with the U.S. Navy between 1967 and 1971. The four causes of action were: negligence, strict liability, fraudulent concealment, and loss of consortium. Several defendants moved to dismiss all or a portion of the amended complaint, arguing it failed to …

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Case Decisions / Summary Judgment / Texas
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Premises Defendant Granted Conditional Mandamus Relief in Finding the Lower Court Abused its Discretion in Ordering a New Trial Following a No Liability Jury Verdict

The plaintiff’s decedent, Willis Whisnant, Jr., worked as a pipefitter at various plants from 1947 through 1986. He worked off and on at DuPont from 1966 through 1975, where he was allegedly exposed to airborne asbestos fibers. The decedent, who had a 40-year smoking history, was diagnosed with lung cancer in 1997. He commenced his personal injury action in 1998 and died, prior to trial, in 1999. Nine years after the original suit was commenced, the plaintiff’s attorneys engaged additional experts who opined that decedent’s …

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Case Decisions / Expert Challenges / New York / Summary Judgment
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NYCAL Issues Bombshell Decision, Ruling Exposure to Friction Products Is Incapable of Causing Mesothelioma and Rejecting the Cumulative Exposure Theory

In a decision that could change the landscape of NYCAL asbestos litigation in New York, Justice Barbara Jaffe issued a post-trial decision following an $11 million verdict against Ford, essentially precluding Drs. Steven Markowitz and Jacqueline Moline on Frye grounds because there is no established scientific connection between exposure to friction products and mesothelioma. Additionally, Justice Jaffe ruled that the plaintiff’s theory of cumulative exposure without quantifiable exposure is insufficient to establish legally sufficient asbestos exposure.

Justice Jaffe determined that the testimony of the plaintiff’s …

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