Summary Judgment

Category: Summary Judgment

June 28, 2021 • Asbestos Case Tracker, Pennsylvania, Summary Judgment

Defendants’ MSJs Granted as to Lack of Product Identification—Finds Question of Fact as to Premises Defendant

U.S. District Court for the Western District of Pennsylvania, June 25, 2021 Plaintiff Allisa Gay brought suit against various manufacturers and distributors, alleging that her father, Carl Gay (decedent), developed mesothelioma from exposure to the defendants’ asbestos-containing products while serving in the U.S. Navy. Defendant Viking Pump, Inc. filed a motion for summary judgment, arguing …

June 28, 2021 • Asbestos Case Tracker, State>Illinois, Summary Judgment

Ceramic Manufacturer’s MSJ Granted Because Plaintiff Failed to Establish Defendant’s Duty to Warn

U.S. District Court for the Northern District of Illinois, Eastern Division, June 25, 2021 Plaintiff Deborah Johnson alleges that her late husband, Bruce Johnson, contracted mesothelioma due to his exposure to asbestos. The defendant, Edward Orton, Jr. Ceramic Foundation, moved for summary judgment, which the court granted. The plaintiff alleges that Orton was negligent for …

June 17, 2021 • Asbestos Case Tracker, Maritime/Admiralty Law, Pennsylvania, Summary Judgment

Two Defendants Obtain Summary Judgment Due to Insufficient Evidence as Required by Applicable Law

U.S. District Court for the Eastern District of Pennsylvania, June 15, 2021 As previously reported by Asbestos Case Tracker, the plaintiff alleges that the decedent Richard Nybeck developed lung cancer following occupational exposure to asbestos. Defendants Ford Motor Company (Ford) and defendant, Air & Liquid Systems Corporation, as successor by merger to Buffalo Pumps, Inc. …

June 11, 2021 • Asbestos Case Tracker, Summary Judgment

Brake Grinding Machine Manufacturer Granted Summary Judgment on Lack of Product Nexus

Superior Court of Delaware, New Castle In this asbestos action, plaintiff Shelley Droz alleged that decedent Eric Droz developed mesothelioma after being exposed to asbestos from using an AMMCO brake arcing machine and grinder. Defendant Hennessey moved for summary judgment, arguing that the plaintiff had not established that the decedent was exposed to asbestos from …

June 10, 2021 • Asbestos Case Tracker, Mississippi, Motion for Reconsideration, Summary Judgment

Brake Manufacturer’s Grant of Summary Judgment Upheld on Reconsideration Due to Lack of Causation

U.S. District Court for the Southern District of Mississippi, Southern Division, June 9, 2021 The plaintiffs, William and Karla Dickens, allege that William Dickens developed mesothelioma due to his exposure to asbestos-containing products during automotive mechanical work. The plaintiffs sued multiple defendants, including Ford Motor Co. (Ford). Ford moved for summary judgment in two motions, …

June 9, 2021 • Asbestos Case Tracker, New York, Summary Judgment

Floor Tile Manufacturer Denied Summary Judgment Due to Issues of Fact

Supreme Court of New York, New York County, May 19, 2021 Defendant The Goodyear Tire & Rubber Company filed a motion for summary judgment pursuant to CPLR 3212 arguing that the only product manufactured by defendant which matches plaintiff Pietro Camiolo’s (the decedent) description of the alleged asbestos product he worked with, never contained asbestos, …

May 27, 2021 • Asbestos Case Tracker, New York, Summary Judgment

Flooring Manufacturers’ Summary Judgment Reversed due to Question of Fact on Causation

Supreme Court of New York, Appellate Division, Second Department, May 26, 2021 The plaintiff, Victoria Pistone, and her husband, suing derivatively, brought this asbestos action against American Biltrite, Inc. and Mannington Mills, Inc., among other defendants. The defendants moved separately for summary judgment based on a lack of causation. Judge George R. Peck granted summary …

May 26, 2021 • Appeal, Asbestos Case Tracker, New York, Summary Judgment

Denial of Summary Judgment Affirmed as to Fireproofing Contractor

As previously reported by the Asbestos Case Tracker, Judge Manuel Mendez, former NYCAL coordinating judge, denied defendant Mario & DiBono Plastering Co., Inc.’s (M&D) motion for summary judgment. M&D appealed this decision. The Appellate Division noted that the court properly denied M&D’s smmary judgment motion since it failed to unequivocally establish that the materials it …

May 25, 2021 • Asbestos Case Tracker, New York, Summary Judgment

Wire and Cable Company’s Motion for Summary Judgment on Causation Denied

Supreme Court of New York, New York County, May 11, 2021 The plaintiff alleged that the decedent, Alvin Smith, was exposed to asbestos from skinning, stripping, and pulling asbestos-containing wire and cable manufactured by the defendant, Ericsson, Inc.’s predecessors, Anaconda Wire & Cable Company and Continental Wire & Cable Company, at various locations throughout his …

May 21, 2021 • Asbestos Case Tracker, State>California, Summary Judgment

Steam Trap Manufacturer Granted Summary Judgment; No Liability for Third-Party Component Parts

U.S. District Court for the Northern District of California, May 20, 2021 In this asbestos action, the plaintiffs allege that Mr. Toy (the decedent) worked with asbestos-containing steam traps and strainers manufactured by Armstrong from 1974 until 1980. Defendant Armstrong moved for summary judgment on the causation issue, and the plaintiffs opposed the motion. Of …