Summary Judgment

Category: Summary Judgment

March 8, 2021 • Asbestos Case Tracker, Maritime/Admiralty Law, Summary Judgment, Washington

Shipyard Defendant’s MSJ Granted as Plaintiffs Failed to Establish the Amount and Duration of Decedent’s Exposure

U.S. District Court for the Western District of Washington, March 4, 2021 Defendant Puget Sound Commerce Center, Inc. formerly known as Todd Shipyards Corporation filed an amended motion for summary judgment/partial summary judgment. The plaintiffs allege the decedent John Dale Wineland worked at Todd Shipyards in 1974, where he was negligently exposed to asbestos, including … Continued

March 3, 2021 • Asbestos Case Tracker, Maritime/Admiralty Law, Summary Judgment

Pump Manufacturer Granted Summary Judgment on Causation Grounds

U.S. District Court for the Western District of Washington, March 1, 2021 Defendant Aurora Pump Company filed this instant motion for summary judgment and motion to strike. By way of background, plaintiff Ronald H. Berhmann worked on ships while serving in the U.S. Navy and while working in the Todd and Lockheed Shipyards in Seattle, … Continued

March 1, 2021 • Asbestos Case Tracker, Federal Officer Removal, Louisiana, Summary Judgment

Court of Appeals Affirms Summary Judgment Finding No Evidence Decedent Exposed to Defendants’ Products

U.S. Court of Appeals for the Fifth Circuit, February 26, 2021 The plaintiffs claim their farther, a mechanical engineer at the NASA Michoud Assembly Facility (MAF), was killed by asbestos products sold and installed by defendants McCarty Corporation and Taylor Seidenbach, Inc. Deteriorating asbestos and asbestos remediation occurred in the buildings in which the decedent … Continued

February 23, 2021 • Asbestos Case Tracker, Summary Judgment, Take-Home Exposure

Summary and Post-Trial Motions for Judgment Upheld on Issues of Take-Home Exposure and Post-Sale Duty to Warn

U.S. Court of Appeals for the Ninth Circuit, February 22, 2021 The plaintiffs appealed the decision of the United States District Court for the Western District of Washington, granting summary judgment to Union Pacific Railroad Company (UP) and granting post-trial motions for judgment as a matter of law for Ford Motor Company and DCo, LLC … Continued

February 22, 2021 • Asbestos Case Tracker, New York, Summary Judgment

Court Grants MSJ as Boiler Defendant Establishes Product Did Not Contain Asbestos

Supreme Court of New York, New York County Defendant Cleaver-Brooks, Inc. filed a motion for summary judgment contending plaintiff John B. Daly, Jr. failed to produce any evidence that he was exposed to asbestos as a result of work on or in the proximity of products manufactured by Cleaver. The plaintiff alleges his mesothelioma diagnosis … Continued

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February 17, 2021 • Asbestos Case Tracker, North Carolina, Summary Judgment

Summary Judgment Granted to Four Defendants Based on Lack of Frequency, Regularity, and Proximity

U.S. District Court for the Middle District of North Carolina The plaintiffs allege that Mr. Brock (the plaintiff) was exposed to asbestos-containing materials, products, and equipment throughout his 30-year career at R.J. Reynolds Tobacco Company (RJR) in Winston-Salem, North Carolina, and that this exposure in the course of his employment has resulted in his mesothelioma … Continued

February 17, 2021 • Asbestos Case Tracker, North Carolina, Summary Judgment

Summary Judgment Granted to Three Manufacturers on Causation Grounds

U.S. District Court for the Middle District of North Carolina Defendants Fisher Controls International LLC, Covil Corporation, and ViacomCBS Inc., successor-in-interest to Westinghouse Electric Corporation each have filed a motion for summary judgment. Additionally, the plaintiffs have filed for summary judgment against Daniel International Corporation. By way of background, the plaintiffs allege that Mr. Kerry … Continued

February 16, 2021 • Asbestos Case Tracker, California, Summary Judgment

Navy Defendants’ Motion for Summary Judgment Denied as Factual Disputes Remained to Claimed Defenses

U.S. District Court of the Eastern District of California, February 10, 2021 The defendants’ motion for summary judgment was before the court. The court denied the motion finding several genuine issues of material fact remained unresolved. First, the court found it was disputed as to whether exposure to defendants’ products was a “substantial factor in … Continued

February 12, 2021 • Asbestos Case Tracker, Mississippi, Summary Judgment

Brake Manufacturer Obtains Summary Judgment on Causation and Punitive Damages Grounds

U.S. District Court for the Southern District of Mississippi, Southern Division In this action, the plaintiffs allege that Mr. Dickens was exposed to asbestos from his work with brakes and clutches manufactured by Defendant, Ford Motor Co. Ford moved for summary judgment on causation and punitive damages grounds. Ultimately, the court granted both motions and … Continued

Worn work gloves lying on concrete floor

February 10, 2021 • Asbestos Case Tracker, New York, Summary Judgment

Partial Summary Judgment Granted to Glove Manufacturer Based on Acquisition Agreement

Supreme Court of New York, New York County Defendant CSC Scientific Company, Inc. filed the present motion for summary judgment arguing that the plaintiffs have failed to identify a CSC product as a source of decedent’s asbestos exposure over a period from 1976 to 1979 or at any other time. By way of background, this … Continued