State>Delaware

Category: State>Delaware

August 11, 2016 • Asbestos Case Tracker, Case Decisions, State>Delaware, Summary Judgment

Defendants Granted Summary Judgment Where Plaintiff Failed to Satisfy Frequency, Proximity, Regularity Standard

Plaintiff Robert Lee Winhauer filed an asbestos action in the Delaware Superior Court against multiple defendants, asserting personal injury claims relating to a mesothelioma diagnosis proximately caused by alleged exposure to asbestos. The defendants removed the action to the U.S. District Court for the District of Delaware. After Winhauer’s death, the complaint was amended to … Continued

July 15, 2016 • Asbestos Case Tracker, Bare Metal/Component Parts, Case Decisions, State>Delaware, Summary Judgment

Various Manufacturers Granted Summary Judgment Under Mississippi Law, Including Acceptance of Bare Metal Defense

The plaintiff, Robert Lee Winhauer, commenced this action alleging asbestos exposure from his personal work on his automobiles from the 1940s through the 1990s, from his work at the Ingalls Shipyard in Pascagoula, Mississippi from 1965 to 1976 and while working at Courtaulds North America Rayon Staple Plant in Le Moyne, Alabama from 1977 to … Continued

February 8, 2016 • Asbestos Case Tracker, Case Decisions, Delaware, Remand/Removal, State, State>Delaware

Federal Magistrate Judge Recommends Denial of Plaintiff’s Motion to Remand in Two Cases Originating in Delaware

In two nearly identical cases from the District of Delaware, the magistrate judge issued a report and recommendation, recommending the denial of the plaintiffs’ motion to remand to state court. In the first case, the plaintiff husband and wife alleged that the husband developed mesothelioma through exposure to asbestos while serving as a boiler tender … Continued

February 3, 2016 • Asbestos Case Tracker, Case Decisions, State>Delaware, Summary Judgment

District Court Adopts Report and Recommendation of Magistrate in Both Granting and Denying Summary Judgment to Various Defendants

The district court reviewed the report and recommendations of the U.S. Magistrate Judge, which recommended granting and denying summary judgment to various defendants. The court applied maritime law in granting summary judgment to Electrolux, ABB, Velan Valve, GE, CBS, Foster Wheeler, and Owens-Illinois, and denying summary judgment to Buffalo, Ingersoll-Rand (denied in part), Aurora, IMO, … Continued

October 2, 2015 • Asbestos Case Tracker, Case Decisions, Federal Officer Jurisdiction, State>Delaware

Court Denies Certification of Interlocutory Appeals on Personal Jurisdictional Grounds in Two Delaware Cases

In these two cases from Delaware, the defendants’ motions to dismiss based on personal jurisdiction were denied. Defendants subsequently sought certification of their interlocutory appeals pursuant to Del. Sup. Ct. 42. The court denied defendants’ applications in both cases, pointing to the “substantial issue of material importance” prong of the Rule 42 requirements. The court … Continued

September 1, 2015 • Asbestos Case Tracker, Case Decisions, State>Delaware, Summary Judgment

Court Applies Delaware’s Borrowing Statute in Granting Defendants’ Summary Judgment on Statute of Limitations

In this case, the plaintiff alleged that his lung cancer was caused by exposure to several defendants’ asbestos-containing products while he was working in Michigan. The plaintiff and his wife filed their claim in Delaware and all defendants moved for summary judgment, arguing that the action was untimely under the Delaware statute of limitations, which … Continued

Category: State&gt;Delaware

Category: State>Delaware