Summary Judgment

Category: Summary Judgment

December 13, 2018 • Asbestos Case Tracker, North Carolina, Summary Judgment

Plant Walkthroughs Insufficient to Establish Causation against Construction and Insulation Defendants

NORTH CAROLINA — In granting summary judgment for Daniel International Corporation and Covil Corporation, a district court judge in North Carolina determined that the plaintiff’s causation evidence was insufficient to meet the frequency, regularity, and proximity standards of the jurisdiction. In 1965, Daniel constructed a polyester production facility for Fiber Industries, a/k/a Hoechst Celanese, in … Continued

December 11, 2018 • Asbestos Case Tracker, New York, Summary Judgment

Manufacturer’s Argument that Asbestos Not Present in Its Baby Powder Fails Due to Conflicting Expert Reports

NEW YORK — The plaintiff Anna Zoas sued Johnson & Johnson (J&J) alleging that her mesothelioma was caused by asbestos present in J&J Baby Powder. She allegedly used the product daily from 1945 to 1948 and regularly from 1948 to 1956. The plaintiff’s complaint was filed on May 12, 2017, and was amended on July 4, … Continued

December 5, 2018 • Asbestos Case Tracker, Louisiana, Summary Judgment

Prescriptive Statute of Limitation Period Leads to Grant of Summary Judgment in Favor of Shipyard Defendant

LOUISIANA –The plaintiff filed suit against several defendants including Huntington Ingalls (Avondale) and Kaiser Gypsum (Kaiser) alleging her mother, Dolores Punch, developed and passed from mesothelioma as a result of exposure to asbestos for which the defendants were liable. Specifically, the plaintiff alleged that her decedent was exposed to asbestos fibers from washing the laundry … Continued

November 27, 2018 • Asbestos Case Tracker, Case Decisions, State>California, Statute of Limitations, Summary Judgment

Summary Judgment in Favor of Bankrupt Wisconsin Company Affirmed on Statute of Limitations Grounds

CALIFORNIA — Plaintiff David Hart appealed the entry of summary judgment in favor of Special Electric Company on the basis that the claims against the company were time-barred under Wisconsin law. The plaintiff sued Special Electric alleging that his mesothelioma was caused by exposure to asbestos from products supplied by the company. Special Electric, a … Continued

November 15, 2018 • Asbestos Case Tracker, Other Asbestos News, South Carolina, Summary Judgment

South Carolina Workers Compensation Statute of Repose Bars Claims for Latent Asbestos Diseases

SOUTH CAROLINA — A federal court in South Carolina granted the summary judgment motion of defendant E.I. du Pont de Nemours and Company (DuPont) on the theory that DuPont was a statutory employer, and South Carolina Workers Compensation law provided the exclusive remedy for the plaintiff. For at least two years in the 1960s, decedent Jerry … Continued

November 14, 2018 • Asbestos Case Tracker, Summary Judgment

Submission of Conflicting Expert Reports Leads to Denial of Summary Judgment in Talcum Powder Case

The plaintiff Donna Olson filed suit against the defendants Johnson and Johnson and Johnson and Johnson Consumer Inc. (defendants) alleging she developed pleural mesothelioma as a result of exposure to cosmetic talcum powder, including baby powder and Shower to Shower from 1953-2015. Additionally, the plaintiff claimed exposure from her mother’s application of the same. Ms. … Continued

November 5, 2018 • Asbestos Case Tracker, Summary Judgment, Washington

Apparent Manufacturer Theory of Liability Upheld for Subsidiary Insulation Cement Manufacturer

WASHINGTON – In a case of first impression, the Washington Supreme Court adopted Section 400 of the Restatement (Second) Torts, recognizing a manufacturer’s liability for claims arising prior to the 1981 Product Liability and Tort Reform Act, and assessing such liability by applying the objective reliance test, which requires viewing all of a defendant’s relevant … Continued

October 26, 2018 • Asbestos Case Tracker, Remand/Removal, Summary Judgment, Washington

Lack of Successor Liability Leads to Grant of Summary Judgment for Shipping Defendant

WASHINGTON — The plaintiffs filed suit against Maersk Line alleging their decedent, Mr. Klopman-Baerselman, was exposed to asbestos from 1955-1959 while working as a merchant marine onboard the Rotterdam Lloyd. The plaintiffs named Maersk as a successor in interest to the Royal Rotterdam Lloyd. The defendant moved for summary judgment arguing that it had no … Continued

October 11, 2018 • Asbestos Case Tracker, Maritime/Admiralty Law, Summary Judgment, Washington

Applying Washington Law to Summary Judgment Based on Government Contractor Defense for Pump Manufacturer Results in Denial of Motion

WASHINGTON –The court ruled on competing motions for summary judgment from the plaintiff Alice Mikelsen and the defendant Warren Pumps in this case involving allegations that Arthur Mikelsen developed mesothelioma from working around Warren Pumps in the machine shop at Puget Sound Naval Shipyard from 1942 to 1980. The plaintiff challenged six of Warren Pumps’ … Continued

October 3, 2018 • Asbestos Case Tracker, Summary Judgment, Take-Home Exposure

Lack of Exposure Evidence Leads to Grant of Summary Judgment for Railroad Defendant

IDAHO — The plaintiffs filed suit against Union Pacific Railroad (Union Pacific) alleging that Rollie Stephens had brought asbestos home on his work clothes which caused his son, William, to develop mesothelioma. Specifically, the plaintiffs argued that Rollie Stephens was exposed to asbestos from his work at the Weiser roundhouse working on steam locomotives that … Continued