Date of First Purchase Creates Material Fact Dispute, Automotive Supplier’s Motion for Summary Judgment Denied

WASHINGTON — The plaintiff Eric Klopman-Baerselman originally filed suit in state court on behalf of the plaintiff’s decedent Rudie Klopman-Baerselman, alleging that his exposure to asbestos-containing products manufactured, sold, or distributed by the defendants substantially contributed to his mesothelioma. The defendants subsequently removed the case to federal court. The allegations against the moving the defendant, O’Reilly Automotive Stores, Inc. (O’Reilly) are that the plaintiff’s decedent was exposed to asbestos-containing brakes, clutches, and gaskets purchased at Schuck’s, an entity under the O’Reilly umbrella.

O’Reilly moved for …

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Lack of Successor Liability Leads to Grant of Summary Judgment for Shipping Defendant

WASHINGTON — The plaintiffs filed suit against Maersk Line alleging their decedent, Mr. Klopman-Baerselman, was exposed to asbestos from 1955-1959 while working as a merchant marine onboard the Rotterdam Lloyd. The plaintiffs named Maersk as a successor in interest to the Royal Rotterdam Lloyd. The defendant moved for summary judgment arguing that it had no connection to the Rotterdam Lloyd. The plaintiff sought discovery including the deposition of Defendant’s corporate representative Steven Hadder. In the meantime, The defendants removed the case and Maersk moved for …

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