Category: Summary Judgment

Mesothelioma
California / Summary Judgment
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Maritime Defendants’ Motions for Summary Judgment under Government Contractor Defense Denied

Court: United States District Court for the Northern District of California

This asbestos-related lawsuit alleges that the decedent, Roberto Elorreaga, developed mesothelioma from exposure to asbestos-containing products while working aboard the USS Rupertus (DD-851) from October 1959 to January 1960 as a machinist mate, and the USS Cowell (DD-547) from October 1960 until February 1963 as a fireman’s apprentice and then as an electrician’s mate.

Several defendants moved for summary judgment, arguing that the Government Contractor Defense precluded the plaintiffs’ claims.  Plaintiffs opposed the motions arguing …

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Business and lawyers discussing contract papers with brass scale on desk
New York / Summary Judgment
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General Contractor Defendant Fails to Meet Its Burden on Summary Judgment; Motion Denied

In this asbestos-related lawsuit, the defendant, Structure Tone, filed for summary judgment arguing that the plaintiff failed to establish that he was exposed to asbestos from working with or near products used by Structure Tone on jobsites.

In support of its motion, Structure Tone cited its answers to site-specific interrogatories that stated itdid not use asbestos–containing materials on the plaintiff’s job sites. Structure Tone argued further that the plaintiff affirmatively testified he was not exposed to asbestos at two job sites where it was the general contractor. And finally, Structure Tone …

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person testifying
Experts / Summary Judgment / Utah
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Exclusion of Dr. Staggs’ Specific Causation Opinion Entitles Automotive Defendant to Summary Judgment

Court: United States District Court for the District of Utah

This case arises out of decedent John C. Riegler’s diagnosis of mesothelioma, which plaintiff alleges stems from decedent’s work at a service station, including the performance of brake services. Plaintiff alleges defendants’ automotive-friction products exposed decedent to asbestos and caused his mesothelioma. Before the court are three motions to exclude expert testimony and one motion for summary judgment.

Plaintiff designated industrial hygienist William M. Ewing as an expert in this matter. In his expert report, …

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Judge chamber with gavel
Louisiana / Summary Judgment
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Shipyard Defendant Granted Partial Summary Judgment on Plaintiff’s Non-Employee Exposure Claims

United States District Court for the Eastern District of Louisiana

From 1972 to 1975, plaintiff Frank P. Ragusa Jr. operated a cherry picker at Avondale Shipyards as an employee of Huntington Ingalls, Inc. He then worked at Avondale for a second stint in the late 1980s as a Pauline Management (JP & Sons) employee. The plaintiff received a mesothelioma diagnosis and filed suit in July 2021, alleging asbestos exposure from the friction materials present inside the cranes he operated in 1989.

Avondale Shipyards moved for …

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Wooden judge gavel, close-up view.
Causation / Motion to Renew / Summary Judgment
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Engine Company’s Motion to Renew Summary Judgment on Causation Grounds Denied

Supreme Court of New York, Nassau County

Defendant Perkins Engine, Inc. moved to renew a court order denying its motion for summary judgment. A motion for leave to renew or reargue is based on new facts not offered on the prior motion that would change the prior determination, and reasonable justification for the failure to present such facts on the prior motion.

The court had denied Perkins’ motion, finding that it failed to meet its initial burden on summary judgment by including expert support. That …

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Courtroom, Gavel And Law Books
Louisiana / Summary Judgment
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Defendant’s Motion for Summary Judgment under Longshore and Harbor Workers’ Compensation Act Granted

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

Plaintiff Frank P. Ragusa Jr. filed an asbestos-related lawsuit in Civil District Court for the Parish of Orleans alleging he was exposed to asbestos in 1972, and from 1975 to 1976, while working at the Avondale Shipyard. He alleged that as a result of his occupational exposure to asbestos he developed mesothelioma.

Defendant Avondale moved for summary judgment, seeking dismissal of the plaintiff’s claims as barred and preempted by the Longshore and Harbor Workers’ …

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Judge chamber with gavel
New York / Punitive Damages / Summary Judgment
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Boiler Manufacturer Partial Motions for Summary Judgment on Punitive Damages Denied

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

In these asbestos actions, defendant Burnham LLC moved for partial summary judgment seeking the dismissal of the plaintiffs’ punitive damage claims, arguing the plaintiffs failed to establish that Burnham’s conduct rose to the level of egregious and morally culpable conduct necessary for the award of punitive damages.  

In the first matter, plaintiff Frank Passanisi worked as a painter from 1966 to 1986. He alleged exposure to asbestos from Burnham boilers from performing work on …

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Mesothelioma
Summary Judgment / Washington
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Lack of Causation Entitles Valve/Gasket Defendants to Summary Judgment

Court: United States District Court for the Western District of Washington

This case arises out of the death of decedent Thomas Deem from mesothelioma, which the plaintiff alleges was caused by the decedent’s exposure to asbestos through his work as a machinist at the Puget Sound Naval Shipyard. The court previously dismissed the plaintiff’s claims against numerous defendants, and only three defendants remain, each of whom has motions for summary judgment pending before the court.

Each remaining defendant’s primary defense to the plaintiff’s claims is …

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Judge chamber with gavel
New York / Summary Judgment
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Defendant’s “Conclusory” Affidavit Not Enough to Meet Burden on Summary Judgment

Court: Supreme Court of New York, New York County

In this asbestos-related lawsuit, defendant, Perkins Engines, filed a motion for summary judgment arguing that plaintiff could not have used its brakes, clutches, or gasoline engine gaskets. In support of its motion, defendant proffered the affidavit of Kevin Klein, a technical coordinator in Litigation Technical Support for Caterpillar Inc. Klein asserted the defendant never manufactured, designed, or distributed any brakes or clutches, and that it supplied gaskets only for diesel engines. According to the defendant, partial …

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Judge chamber with gavel
Louisiana / Summary Judgment
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Inconsistent Testimony Not Sufficient to Preclude Summary Judgment for Employer Defendant

Court: Court of Appeal of Louisiana, Fourth Circuit

In this fact-specific case, the plaintiff alleged the decedent Joyce Allen was exposed to asbestos through her husband, Odell Allen, who worked as a longshoreman and freight handler for various employers on the New Orleans riverfront from the 1960s to the 1980s. Defendant Ports America filed a motion for summary judgment, asserting there was no evidence Allen was exposed to asbestos while employed by Ports America. In support of its motion, Ports America submitted depositions of its …

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