Summary Judgment

Category: Summary Judgment

February 27, 2020 • Asbestos Case Tracker, Summary Judgment

NC District Court Denies Defendants’ Request to Stay Proceedings Pending Outcome in North Carolina Industrial Commission Action

United States District Court, E.D. North Carolina, February 25, 2020 NORTH CAROLINA – The plaintiff, Belinda Foushee filed a claim with North Carolina Industrial Commission (NCIC) against Appalachian State University (ASU) alleging her daughter, Anneka Foushee or the decedent, contracted and died from mesothelioma as a result of her exposure to asbestos-containing products she used … Continued

February 27, 2020 • Asbestos Case Tracker, Expert Challenges, Motion to Dismiss, North Carolina, Summary Judgment

Plaintiff’s Experts Stricken for Failure to Comply with Scheduling Order

U.S. District Court, E.D. North Carolina, Northern Division, February 26, 2020 NORTH CAROLINA – On December 21, 2017, the plaintiff, Karen Cahoon filed a complaint alleging state law claims of negligence, breach of an implied warranty, failure to warn and punitive damages against, among others, the defendant, Edward Orton, Jr. Ceramic Foundation. A scheduling order … Continued

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February 26, 2020 • Asbestos Case Tracker, Remand/Removal, State>Illinois, Summary Judgment

Remand in Meso Case Denied Upon Finding that Common Defense Exception Inapplicable

U.S. District Court C.D. of Illinois, February 25, 2020 ILLINOIS – The plaintiff sued several defendants alleging that Roy Hicks developed mesothelioma as a result of his exposure to asbestos for which the defendants were allegedly responsible. Specifically, Mr. Hicks alleged exposure to asbestos while working for the City of Bloomington, where he encountered asbestos … Continued

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February 24, 2020 • Asbestos Case Tracker, State>Connecticut, Summary Judgment

Court Grants Summary Judgment to Turbine Manufacturer Due to Lack of Causation

CONNECTICUT – The plaintiff, Patricia Murray, alleged that the decedent was exposed to asbestos from products manufactured or marketed by multiple defendants, including CBS Corporation. The defendant filed a motion for summary judgment arguing that there was insufficient evidence from which a reasonable jury could conclude that the decedent was exposed to asbestos from CBS’s … Continued

February 20, 2020 • Asbestos Case Tracker, Mississippi, Summary Judgment

Summary Judgment Granted to Automotive Manufacturer Due to Lack of Causation

United States District Court, N.D. Mississippi, February 18, 2020 MISSISSIPPI – The plaintiffs allege that the decedent, Beverly Bedford, developed mesothelioma from asbestos exposure through her work at Honda of Tupelo, a motorcycle dealership and service center she owned from the late 1970s to 2014. It is alleged that she was exposed to asbestos from … Continued

February 12, 2020 • Asbestos Case Tracker, Expert Challenges, New York, Summary Judgment

Lack of Causation Leads to Grant of Summary Judgment for Friction Defendant in Lung Cancer Case

NEW YORK – The plaintiff, Glen Schrank, sued multiple defendants, including Ford Motor alleging that he developed lung cancer from his work as an automobile mechanic from approximately 1972-1991. Schrank smoked Parliament filtered cigarettes beginning in 1966 and smoked between one and one and a half packs per day. Ford moved for an order precluding … Continued

January 29, 2020 • Asbestos Case Tracker, Maritime/Admiralty Law, Summary Judgment, Washington

Multiple Defendants Granted Summary Judgment in Maritime Action on Lack of Causation

WASHINGTON – The plaintiffs filed suit against multiple defendants, including Foster Wheeler Energy Corporation, Warren Pumps, and Air & Liquid Systems Corporation, alleging that their decedent, Deem, developed mesothelioma as a result of exposure to asbestos-containing products while working as a machinist at the Puget Naval Shipyard from 1974-1981. Two co-workers testified as to work … Continued

January 27, 2020 • Asbestos Case Tracker, New York, Summary Judgment

Court Grants Summary Judgment for Furnace Manufacturer Based on Lack of Evidence of Exposure

NEW YORK – On January 24, 2020, the Honorable Deborah Chimes granted Foster Wheeler, LLC’s motion for summary judgment in the Schuman case. The plaintiff, Patricia Schuman, executrix for the decedent , Matthew Schuman, filed suit alleging that the decedent died of mesothelioma as a result of his exposure to asbestos. The decedent passed away … Continued

January 23, 2020 • Asbestos Case Tracker, Louisiana, Summary Judgment

Court Grants Pump Manufacturer’s Unopposed Motion for Summary Judgment Finding No Genuine Issue of Material Fact

LOUISIANA – On March 7, 2018, a lawsuit was filed on behalf of the plaintiff, Cary Gomez, alleging take-home exposure to asbestos through the plaintiff’s father’s employment at Avondale Shipyards in the 1960s, and through the plaintiff’s work as a plumber for Aardvark Contractors, Inc. from 1988 to 2011. The plaintiff contends that he contracted … Continued

January 23, 2020 • Appeal, Asbestos Case Tracker, Summary Judgment, Wisconsin

Defendant’s Summary Judgment Upheld by Wisconsin Appellate Court Finding That the 10-Year Statute of Repose Barred Appellant’s Claims

WISCONSIN – In this appellate action, Jacqueline Nooyen, the plaintiff, sought to appeal the circuit court’s decision to grant summary judgment to the defendants, Wisconsin Electric Power Company, Madison Gas and Electric Company, Wisconsin Power & Light Company, and Wisconsin Public Service Corporation. The plantiff’s husband, the decedent, was a career pipefitter who, between 1970 … Continued