Summary Judgment - Page 58 of 67

Category: Summary Judgment

May 19, 2016 • Asbestos Case Tracker, Case Decisions, Summary Judgment

Summary Judgment in Favor of the U.S. Government Reversed as Finder of Fact Could Reasonably Conclude Naval Facility Asbestos Exposure was Substantial Factor in Causing Plaintiff’s Mesothelioma

Plaintiff Roger Botts, a former deliveryman who developed mesothelioma after being around work which exposed him to asbestos, including the removal, installation, and fabrication of asbestos on board ships and around the Puget Sound Naval Shipyard between 1970 and 1976, sued the United States Government in the U.S. District Court for the Western District of …

May 11, 2016 • Asbestos Case Tracker, Case Decisions, New York, Summary Judgment

Trial Court Denies Mechanical Contractor’s Motion for Summary Judgment Opposed by Co-Defendants

The plaintiff sued the defendants for his mesothelioma allegedly contracted from his work at the Northpoint Power Station in Northport, Long Island. Mechanical contractor, O’Connor, moved for summary judgment as to the plaintiff’s claims and cross claims. The motion was opposed by co-defendants National Grid and National Grid USA Service Company. O’Connor maintained that summary …

May 11, 2016 • Asbestos Case Tracker, Case Decisions, State>California, Summary Judgment

California Appeals Court Applies “Inevitable Use” and Reverses Grant of Summary Judgment as to Brake Arcing Defendant

The appellant brought an appeal on behalf of her late husband, Frank Rondon, arguing that the trial court erred in its grant of summary judgment as to her claims for strict liability and negligence. Frank Rondon worked as a mechanic using defendant Hennessy’s (Ammco Tools) brake arcing machines designed to grind asbestos brake shoes. Hennessy …

May 9, 2016 • Asbestos Case Tracker, Case Decisions, Summary Judgment, Wisconsin

U.S. District Court Denies Plaintiffs’ Motion for Reconsideration on Grant of Summary Judgment as to Daubert Challenge, Worker’s Compensation Exclusivity, and Public Nuisance Claim

The plaintiffs brought a motion for reconsideration for the court’s decision to grant partial summary judgment as to the defendant Weyerhauser’s motion as to its Daubert challenge, The plaintiffs’ claims for Worker’s Compensation Exclusivity and public nuisance claim. The court stated that Rule 56 does not provide for a motion for reconsideration but permits a …

May 6, 2016 • Asbestos Case Tracker, Case Decisions, Federal Officer Jurisdiction, Remand/Removal, Summary Judgment

Fourth Circuit Upholds Summary Judgment on Substantial Factor Causation and Affirms Denial of Remand Based on Federal Officer Jurisdiction

The U.S. Court of Appeals for the Fourth Circuit issued an opinion in two consolidated appeals upholding the granting of summary judgment to defendants CBS Corporation, General Electric Corporation (GE), MCIC (local insulation contractor), Paramount Packing & Rubber Company, Phelps Packing & Rubber Company, SB Decking, Inc., Wallace & Gale Asbestos Settlement Trust (local insulation …

May 6, 2016 • Asbestos Case Tracker, Case Decisions, Louisiana, Summary Judgment

Issue of Foreseeable Duty to be Determined by a Jury in Take-Home Exposure Case Against Plant Where Decedent’s Husband Worked

The plaintiffs’ decedent, Elizabeth Sutherland, alleged take-home exposure to asbestos from her first husband’s work clothes. The plaintiff’s first husband, James “Huey” Chustz, worked as an electrician helper for Hershel Leonard Jr. Electric Company from 1964-72. At minimum, he spent 250 days at the sugar mill Alma Plantation, LLC, where he would become covered in …

May 6, 2016 • Asbestos Case Tracker, Case Decisions, Ohio, Summary Judgment

Summary Judgment in Favor of Supplier of Insulation Affirmed on Strict Liability, But Reversed on Failure to Warn

In this case it is alleged that the decedent, Ian Blandford, was exposed to asbestos while working as a pipefitter from 1955 to 1998. The Edward R. Hart Company (Hart) moved for and was granted summary judgment. The plaintiff appealed. On appeal the court affirmed the trial court’s granting of summary judgment on strict product …

May 3, 2016 • Asbestos Case Tracker, Case Decisions, New York, Summary Judgment

Highest New York Court Refuses to Pierce Corporate Veil, Citing Lack of Evidence Establishing Ford USA’s Part in the Chain of Distribution of Ford UK Products

The plaintiff alleged exposure to asbestos-containing brakes, clutches and engine parts while working on Ford tractors and passenger cars in Ireland. The plaintiff and his wife brought suit after he developed peritoneal mesothelioma. Ford USA moved for summary judgment, arguing the parts to which the plaintiff alleged exposure were manufactured, distributed and sold by its …

May 2, 2016 • Asbestos Case Tracker, Case Decisions, State>California, Summary Judgment

Summary Judgment Reversed on Appeal for Brake Shoe Grinder Manufacturer on the Basis of Foreseeable Hazard With Inevitable Use and Normal Operation of its Non-asbestos Containing Product

The plaintiff’s decedent, who developed breathing difficulties and lung damage as a result of asbestos exposure, filed a lawsuit in state court alleging that from approximately 1958-62, he was a mechanic who utilized brake shoe arcing machines (known as “grinders”) manufactured by the defendant for the purpose of grinding down/reshaping the friction material of brake …

April 27, 2016 • Asbestos Case Tracker, Case Decisions, State>California, Summary Judgment

Boilermaker Contractor Granted Summary Judgment Over Past Employee as No Proof Existed of Exposure Outside of His Work Directly for Contractor

The plaintiffs filed a wrongful death and survival action claiming their decedent, Michael Walashek, developed mesothelioma from his work as a career boiler maker from 1967-86. The plaintiff’s social security records listed his employers FBS, Inc. and Camass Company, along with others. The case was removed to federal court and FBS, Inc. moved for summary …