Category: Summary Judgment

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New York / Summary Judgment
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HVAC Defendant Summary Judgment Motion on Causation Grounds Denied

Court: Supreme Court of New York, New York County (NYCAL)

In this asbestos action, defendant SPX Cooling Technologies Inc., individually and as successor to Marley Cooling Technologies Inc., moved for summary judgment, arguing that plaintiffs failed to establish causation, and that defendant established a prima facie case for a lack thereof under Nemeth.

In its decision denying the motion, the court noted that Marley misstated plaintiff’s burden, as the standard set forth in Nemeth “represent[ed] an extraordinary post-trial remedy to set aside a jury …

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New York / Summary Judgment
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Valve Defendant Summary Judgment Motion Denied

Court: Supreme Court of New York, New York County (NYCAL)

In this asbestos action, defendant Crosby Valve LLC moved to dismiss the action, alleging that plaintiff, John Holland was not exposed to asbestos from any Crosby product. In opposition, plaintiffs highlighted Holland’s deposition testimony, which identified Crosby as a manufacturer. Plaintiffs also pointed to the purported lack of personal knowledge in Crosby’s supporting affidavit and the testimony of Crosby’s corporate affidavit, which confirmed asbestos-containing Crosby products.

Summary judgment motions are denied if the opposing party …

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Louisiana / Motions in Limine / Summary Judgment
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Defendants Unsuccessful On Motions to Preclude Experts and Summary Judgment

United States District Court for the Eastern District of Louisiana

In ACT’s continuing coverage of the Robichaux matter, Felton Robichaux filed suit in Civil District Court for the Parish of Orleans against a number of defendants alleging he was exposed to asbestos from products he worked with as an insulator and carpenter at Avondale Shipyard from 1961 to 1979.

In addition to his own employment at Avondale Shipyard, plaintiffs allege Robichaux was also secondarily exposed through contact with his brother, Junior Robichaux, who worked at …

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California / Discovery / Summary Judgment
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Court Issues Final Orders Regarding Various Motions of Automotive Defendants

Jurisdiction: Superior Court of California, County of Los Angeles

Defendants Mercedes-Benz USA LLC, Morse Tec LLC, and American Honda Motor Co. Inc. filed various motions for summary judgment, or in the alternative summary adjudication, against the plaintiff Samson Bareh’s claims that he was exposed to asbestos from their products. In addition, the defendant, Volkswagen Group of America Inc., filed a motion to compel discovery.

Mercedes-Benz filed a motion for summary adjudication of the strict liability, negligence, and fraud causes of action, as well as the …

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Adjudication / California / Summary Judgment
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Summary Judgment and Adjudication Motions Filed by Three Automotive Product Defendants; Some Granted and Some Denied

Jurisdiction: Superior Court of California, County of Los Angeles 

In this asbestos action, three defendants filed motions for summary judgment, and in some cases, in the alternative, motions for summary adjudication, against plaintiff Ronald Carpenter’s claims that he was exposed to asbestos from their products.

First, defendant ZF Active Safety US Inc. argued that plaintiffs had no evidence that Carpenter was exposed to any asbestos-containing parts from ZF Active Safety. Specifically, ZF Active Safety served interrogatories asking plaintiffs to identify people with knowledge that Carpenter was …

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New York / Summary Judgment
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Defendant Denied Summary Judgment on Punitive Damages for Failure to Provide Case-Specific Support

Jurisdiction: Supreme Court of New York, New York County

Plaintiff Kevin Burns filed an asbestos-related lawsuit against numerous defendants, including Burnham, testifying that while he worked as a plumber he was exposed to asbestos insulation and rope from the removal and installation of Burnham boilers from approximately 1958 to the early 1980s.

Burnham moved for summary judgment on plaintiff’s punitive-damages claim, arguing that plaintiff failed to establish Burnham’s conduct rose to the level of egregious and morally culpable conduct necessary for an award of punitive damages. …

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New York / Summary Judgment
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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 …

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Summary Judgment
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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, …

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Punitive Damages / Summary Judgment
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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 …

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Punitive Damages / Summary Judgment
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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 …

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