Summary Judgment Archives

Category: Summary Judgment

October 14, 2022 • Louisiana, Summary Judgment

Government Contractor Defense Inapplicable to Plaintiff’s Failure to Warn and Prevent the Spread of Asbestos Claims

United States District Court for the Eastern District of Louisiana, October 12, 2022 In this asbestos action, Plaintiff Ruby Lee Marie Falgout (“Plaintiff”) alleged take-home exposure from laundering her husband’s clothes while he worked around Hopeman employees cut and installed asbestos wall board at the Avondale Shipyards (“Avondale”). The plaintiff filed a motion for partial … Continued

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October 12, 2022 • New York, Summary Judgment

Pump Manufacturer’s Motion for Summary Judgment on Replacement Parts Denied; Court Critical of Corporate Representative Affidavit

Supreme Court of the State of New York, New York County, October 11, 2022 In this asbestos action, the plaintiff Gloria Maryn alleged exposure to asbestos from laundering the clothes of her son, Victor Arana. Mr. Arana worked as a plumber’s apprentice for the New York Plumbers Association from 2000 to 2014. One product that … Continued

October 10, 2022 • New York, Summary Judgment

Automotive Defendant’s Motion for Summary Judgment Fails as Issues of Fact Remain on Causation and Punitive Damages

Supreme Court of New York, Erie County, October 6, 2022 In this asbestos action, Plaintiff Joseph Skrzynski alleged that he developed malignant mesothelioma as a result of occupational exposure to asbestos from brakes and clutches manufactured by Ford. Ford moved for summary judgment on several grounds. First, the court determined that Ford did not meet … Continued

October 10, 2022 • New York, Summary Judgment

Talcum Powder Defendant Fails to Meet Summary Judgment Burden on Medical Causation

Supreme Court of New York, New York County, September 22, 2022 In this NYCAL action, Decedent Maryann Purser (“Decedent”) alleged that she developed pleural mesothelioma through the use of Cashmere Bouquet talcum powder. Colgate moved for summary judgment, arguing that neither the general nor specific causation standards of Parker v. Mobil Oil Corp. were met here. Further, Colgate … Continued

September 30, 2022 • Louisiana, Summary Judgment

Summary Judgment Denied as Court Finds Issues of Material Fact in Shipbuilder’s Claim

United States District Court for the Eastern District of Louisiana, September 23, 2022 In April 2020, Paul Hotard (“decedent”) received a mesothelioma diagnosis despite never handling or working with asbestos-containing materials while employed at the Avondale Shipyards. While employed, decedent’s duties consisted of handing pipe to the pipefitters and tacking pipe together for a welder to … Continued

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September 30, 2022 • Appeal, Louisiana, Summary Judgment

Summary Judgment Affirmed for Trailer Manufacturer

Court of Appeal of Louisiana, Fourth Circuit, September 28, 2022 In this asbestos action, John Brindell (“Brindell”) allegedly contracted mesothelioma as a result of working as a mechanic for Puerto Rico Marine Management, Inc. (“PRMMI”) at the Port of New Orleans. Brindell’s surviving spouse and children (“Plaintiffs”) asserted a wrongful death and survival action against … Continued

September 30, 2022 • Louisiana, Summary Judgment

Naval Expert’s Testimony Limited on Duty to Warn Issue

United States District Court for the Eastern District of Louisiana, September 29, 2022 The Callen Cortez (“Plaintiff”) matter has been previously reported by the Asbestos Case Tracker. At current issue is the plaintiff’s motion in limine to exclude the testimony of Dr. Samuel Forman, a former Navy officer and occupational medicine specialist, as his testimony would lack relevancy … Continued

September 21, 2022 • Summary Judgment

Plaintiff unable to provide any legitimate evidence against motions for summary judgment

United States District Court of the District of Nevada, September 19, 2022 The plaintiff commenced this action in early 2020 by filing his Complaint against 13 defendants. He suffers from mesothelioma and alleged exposure through his father, James Potter. James Potter served in the United States Air Force as an aircraft mechanic. He routinely worked on aircraft engines … Continued

September 20, 2022 • Appeal, Summary Judgment

Summary Judgment against Reinsurer Affirmed where Exhaustion and Attachment Point Provisions were Ambiguous

U.S. Court of Appeals for the Second Circuit, September 15, 2022 Fireman’s Fund Ins. Co. v. Onebeacon Ins. Co., 2022 U.S. App. LEXIS 25863 Fireman’s Fund Insurance Company (“Fireman’s Fund”) issued three excess insurance policies to ASARCO, Inc., in 1983 and 1984, which functioned as layers of a coverage tower assembled for ASARCO. Two … Continued

September 12, 2022 • Louisiana, Summary Judgment

Carpentry Subcontractor Not a ‘Manufacturer’; Obtains Partial Summary Judgment

United States District Court for the Eastern District of Louisiana, September 8, 2022 Plaintiff Ora Jean Adams alleges she developed lung cancer from secondhand asbestos exposure from laundering the clothing of her deceased husband. Decedent worked at Avondale in the 1970s as a pipefitter and welder on various vessel construction projects. The plaintiff contends that defendant Hopeman … Continued