Summary Judgment

Category: Summary Judgment

January 8, 2020 • Asbestos Case Tracker, Maritime/Admiralty Law, State>Connecticut, Summary Judgment

Lack of Admissible Evidence Against General Electric Leads to Grant of Summary Judgment in Maritime Meso Case

CONNECTICUT – The Carlson’s brought suit against several defendants including General Electric (GE) alleging that Kurt Carlson developed mesothelioma as a result of exposure to the defendants’ asbestos-containing products while working as a radiological control technician for General Dynamics/Electric Boat Corp. from 1973-1974. The plaintiffs provided answers to interrogatories to GE. The answers did not …

December 23, 2019 • Asbestos Case Tracker, State>Illinois, Summary Judgment

Plaintiffs’ Civil Conspiracy Claims Fail Due to Established Illinois Precedent

ILLINOIS — In John Jones et al. v. Pneumo-Abex LLC, et al., the Supreme Court of Illinois ruled on consolidated appeals of Owens-Illinois, Inc. and Pneumo Abex LLC regarding conspiracy claims related to suppressing information about the dangers of asbestos. Approximately 20 years ago, this court held that jury verdicts entered against Owens Corning and …

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December 19, 2019 • Asbestos Case Tracker, Summary Judgment

Insurer’s Claim for Reimbursement Misses Pleading Deadline

MINNESOTA – The Continental Insurance Company sold general liability policies to McQuay-Perfex, Inc., a company that manufactured and sold products containing asbestos. McQuay-Perfex went through a series of mergers and name changes throughout its history, leaving Daikin Applied Americas, Inc. as its successor by merger. Daikin was named the defendant in a series of asbestos suits, …

December 13, 2019 • Asbestos Case Tracker, Summary Judgment, Washington

Application of Seven Lockwood Factors Creates Issues of Material Fact; Summary Judgment on Product Liability Claim Denied

WASHINGTON – The latest development in a case extensively covered by Asbestos Case Tracker finds the Western District of Washington denying defendant Pneumo Abex LLC’s motion for summary judgment. This matter was filed on behalf of the decedent, Rudie Klopman-Baerselman, in the Pierce County Superior Court on October 27, 2017 and removed to United States District …

December 10, 2019 • Asbestos Case Tracker, Ohio, Summary Judgment

Reversal of Summary Judgment for U.S. Steel on Maritime Claims

OHIO – Edward Shaffer was allegedly exposed to asbestos while working in the boiler room of multiple vessels while serving as a merchant marine employed by the Pittsburgh Steamship Division of U.S. Steel, from 1960 to 1961. He was diagnosed with mesothelioma in 2016 and subsequently filed suit against 23 defendants, including U.S. Steel. That defendant …

December 9, 2019 • Asbestos Case Tracker, Asbestos Litigation Analysis, Summary Judgment, Washington

Court Grants Summary Judgment for Valve Manufacturer due to Plaintiff’s Failure to Establish Causation

WASHINGTON – In a case extensively covered by the Asbestos Case Tracker, the court granted the summary judgment motion of defendant, Crosby Valve LLC. The decedent, Rudie Klopman- Baerselman, alleged that he developed mesothelioma as a result of exposure to asbestos through his work as a merchant mariner aboard several vessels. The defendant argued that …

November 26, 2019 • Asbestos Case Tracker, Summary Judgment, Washington

Summary Judgment Granted for Cleaver-Brooks in Shipyard Case

WASHINGTON – The plaintiff’s decedent, Thomas Deem, worked at the Puget Sound Naval Shipyard from 1974 to 1981. Two of Deem’s co-workers testified that he was exposed to asbestos while working around pumps, valves, turbines, compressors, steam traps, and other equipment on various ships as a marine machinist. Cleaver-Brooks filed a motion for summary judgment …

November 25, 2019 • Asbestos Case Tracker, New York, Other Asbestos News, Summary Judgment

Plaintiff’s Claims Time Barred Against Defendant After Expiration of Tolling Agreement

NEW YORK – The defendant Union Carbide Company (UCC) entered into a tolling agreement with the plaintiff’s former counsel that terminated on December 31, 2009. The plaintiff filed the instant matter on July 30, 2013, well after the two year deadline for filing a wrongful death action and three year deadline for filing a personal injury …

November 21, 2019 • Asbestos Case Tracker, State>Delaware, Summary Judgment

Ten Motions for Summary Judgment Granted due to Lack of Identification

DELAWARE – The plaintiffs, Kent and Cathy Mosher, filed an asbestos-related action in Delaware Superior Court on January 25, 2018. The complaint alleged Kent Mosher contracted mesothelioma as a result of asbestos exposure during his employment as a boiler technician in the United States Navy from 1973 to 1977 and through his employment at the …

November 15, 2019 • Asbestos Case Tracker, State>California, Summary Judgment

Refinery Defendants Owed No Duty of Care to Plaintiff Under 1954 Agreement with Iranian National Oil Company

CALIFORNIA – The plaintiff’s decedent, Farid Malek, died from mesothelioma after working almost 30 years at the Abadan oil refinery in Iran. Mary Malek, Farid’s surviving spouse, filed suit on his behalf. The matter is one of a number of coordinated asbestos-related actions in the Superior Court of Los Angeles County. The Maleks immigrated to …