Summary Judgment Archives

Category: Summary Judgment

August 1, 2016 • Case Decisions, Florida, Summary Judgment

Court Denies Aircraft Engine Manufacturer’s Motion for Summary Judgment Based on Military Contractor Defense

The plaintiff filed a Third Amended Complaint against United Technologies Corporation, alleging that UTC was liable in negligence and strict liability for the allegedly defective warnings accompanying Pratt and Whitney TF-30 aircraft engines and for their allegedly defective designs. The plaintiff claims that these defects led to her husband Darryl Dugas’ exposure to asbestos and … Continued

July 28, 2016 • Asbestos Litigation Analysis, Maryland, Summary Judgment

Federal Court Grants Summary Judgment to Defendants for Plaintiffs’ Failure to Establish Substantial Factor but Denies It as to Joint Compound and Outside Contractor Defendants

Plaintiffs Charles Arbogast and Barbara Arbogast brought this action against multiple defendants for Mr. Arbogast’s alleged development of mesothelioma as a result of his occupational exposure at Bethlehem Steel Sparrows Point Steel Mill, amongst other sites. Several defendants moved for summary judgment, including Eaton Corporation (Cutler Hammer), Foster Wheeler, MCIC, Georgia Pacific (GP), Schneider Electric … Continued

July 22, 2016 • Case Decisions, Illinois, Statute of Repose, Summary Judgment

Insulation Found to be Integral to Turbine as Court Grants Renewed Motion for Summary Judgment Based on Statute of Repose

The plaintiff brought this action against defendants, including Westinghouse, for Earl Norberg, her decedent’s, alleged development of lung cancer as a result of his work around asbestos containing products while working at the Joliet and Romeoville Power stations. The plaintiff’s fact witness was Mr. Norberg’s brother, Howard, who recalled that he and the plaintiff worked … Continued

July 15, 2016 • Bare Metal/Component Parts, Case Decisions, Delaware, Summary Judgment

Various Manufacturers Granted Summary Judgment Under Mississippi Law, Including Acceptance of Bare Metal Defense

The plaintiff, Robert Lee Winhauer, commenced this action alleging asbestos exposure from his personal work on his automobiles from the 1940s through the 1990s, from his work at the Ingalls Shipyard in Pascagoula, Mississippi from 1965 to 1976 and while working at Courtaulds North America Rayon Staple Plant in Le Moyne, Alabama from 1977 to … Continued

June 30, 2016 • Case Decisions, New York, Statute of Limitations, Summary Judgment

Summary Judgment Denied to Talc Defendant on Statute of Limitations, Burden of Proof, and Causation Issues

In this asbestos personal injury action the plaintiffs allege that Arlene Feinberg contracted mesothelioma because of exposure to asbestos-contaminated talc from defendant Colgate-Palmolive Company’s Cashmere Bouquet. Colgate moved for summary judgment, arguing 1) the plaintiffs’ action is barred by the statute of limitations; 2) the plaintiffs failed to exclude other potential causes of Ms. Feinberg’s … Continued

June 27, 2016 • Case Decisions, Summary Judgment, Wisconsin

Summary Judgment Reversed Where Court Finds Genuine Dispute as to Fraudulent Transfer of Assets

The plaintiff filed this personal injury lawsuit under theories of negligence and strict liability following the death of her husband from mesothelioma. The plaintiff maintained that her husband was exposed to asbestos-containing products allegedly manufactured and/or sold by Fire Brick Engineers Company, Inc. (FBE Company) from approximately 1963-69. In approximately 1983, Fire Brick Engineers Corporation … Continued

June 23, 2016 • Case Decisions, Expert Challenges, Louisiana, Summary Judgment

Preclusion of Plaintiff’s Causation Expert Upheld on Appeal Due to Failure to Consider Decedent’s Smoking History

The plaintiffs, Dwayne Bourdeaux, Gerilyn Cook, and Bryan Bourdeaux, Individually and as Proper Parties in Interest for Gerald Bourdeaux, filed suit in Louisiana alleging that Gerald Bourdeaux lung cancer diagnosis and eventual death was asbestos exposure. In support of this claim, the plaintiffs offered Dr. Gerald E. Liuzza, a pathologist, as an expert witness to … Continued

June 20, 2016 • Case Decisions, Summary Judgment

Ninth Circuit Reverses Summary Judgment for Pump Defendants on Evidence of Supply of Asbestos Containing Gaskets and Packing to U.S. Navy

John H. Boyd, III, as the representative of the plaintiff and appellant Captain John H. Boyd, Jr. (deceased), appealed to the Ninth Circuit the District Court for the Central District of California’s granting of summary judgment in favor of Warren Pumps, LLC, and Air and Liquid Systems Corporation (successor in interest to Buffalo Pumps, Inc.) … Continued

June 10, 2016 • Case Decisions, Summary Judgment

Court Declines to Address Causation Standard In Upholding Summary Judgment on Trial Court’s Less Burdensome Standard

Plaintiff Patricia Grant and the Estate of Edward Grant appealed from summary judgments entered against them on their complaint for damages for Edward Grant’s lung cancer and death based on negligence, failure to warn of defective, unreasonably dangerous goods, and loss of consortium. Summary judgment was granted on the motions of New England Insulation Company … Continued

June 9, 2016 • Case Decisions, Expert Challenges, Maryland, Motions in Limine, Summary Judgment

Plaintiff’s Expert Testimony Precluded and Summary Judgment Granted Where Expert Opinion Did Not Rely Upon Sufficient Facts or Data

Plaintiffs Charles Lemuel Arbogast, Jr., et al. filed suit against a number of companies, including defendant CBS Corporation of Delaware (Westinghouse), that allegedly manufactured and/or distributed products containing asbestos to which the plaintiff was exposed, thereby causing his mesothelioma. The plaintiff offered Dr. Robert Leonard Vance as an expert in matters involving industrial hygiene and … Continued