Summary Judgment

Category: Summary Judgment

February 3, 2016 • Asbestos Case Tracker, Case Decisions, State>Delaware, Summary Judgment

District Court Adopts Report and Recommendation of Magistrate in Both Granting and Denying Summary Judgment to Various Defendants

The district court reviewed the report and recommendations of the U.S. Magistrate Judge, which recommended granting and denying summary judgment to various defendants. The court applied maritime law in granting summary judgment to Electrolux, ABB, Velan Valve, GE, CBS, Foster Wheeler, and Owens-Illinois, and denying summary judgment to Buffalo, Ingersoll-Rand (denied in part), Aurora, IMO, …

February 2, 2016 • Asbestos Case Tracker, Case Decisions, State>Illinois, Summary Judgment

Gasket Manufacturers’ Motions for Summary Judgment and Motion to Change Venue Denied in Naval Exposure Case

In this federal court case, the plaintiff alleged he was exposed to asbestos in various products through the course of his employment in the 1960s and 1970s. He specifically alleged asbestos exposure from working with gaskets manufactured by Excelsior Packing & Gasket Company and Goodyear Tire & Rubber Company while serving in the Navy from …

February 1, 2016 • Asbestos Case Tracker, Case Decisions, Pennsylvania, Summary Judgment

Post-Bankruptcy Petition Malignancy Claim Not “Sufficiently Rooted” in Pre-Bankruptcy Past to Constitute Property of the Estate

In a follow-up to cases previously reported on in ACT, the plaintiffs in this case, Administrators of the Estate of Bjorn Dahl, alleged that the decedent, Mr. Dahl, was exposed to asbestos while working aboard various ships. The plaintiffs assert that the decedent developed two asbestos-related illnesses, a non-malignancy injury dating back to 1995 and a malignancy …

January 28, 2016 • Asbestos Case Tracker, Bare Metal/Component Parts, Case Decisions, South Carolina, Summary Judgment

Valve Manufacturer Granted Summary Judgment Under Maritime Law Where it May Have Recommended, But Did Not Provide, Asbestos-Containing Flange Gaskets

In this federal court case, it is alleged that the decedent, Thomas Dandridge, was exposed to asbestos while working as a pipefitter and coppersmith at the Charleston Naval Shipyard from 1965 to 1976. It was claimed that the decedent was exposed to asbestos from a variety of products, including flange gaskets used to link Crane …

January 27, 2016 • Asbestos Case Tracker, Bankruptcy Trusts, Case Decisions, Pennsylvania, Summary Judgment

Two Rulings From MDL Allow Previously Dismissed Asbestos Claims to Proceed Against Various Ship Owners Despite Previous Dismissed Actions Not Listed as Assets in Bankruptcy

In a follow-up to six cases previously reported on in ACT, two more cases were decided in the United States District Court for the Eastern District of Pennsylvania. Both cases had started in the Northern District of Ohio, and were transferred to the MDL 875 in the Eastern District of Pennsylvania. In both cases, the …

January 22, 2016 • Asbestos Case Tracker, Case Decisions, New York, Summary Judgment

Summary Judgment Awarded to Pump Manufacturer for Alleged Exposure to Pump Component Parts Manufactured by Third-Parties

In Holzworth v. Alfa Laval, et al. 12-CV-06088 (S.D.N.Y. Jan. 21, 2016), Southern District of New York Judge John Keenan granted defendant Ingersoll-Rand’s summary judgment motion arising out of the plaintiff’s alleged exposure to asbestos aboard the U.S.S. Sheldrake. The plaintiff’s decedent had testified that he was exposed to pumps aboard the ship as a …

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

Foreseeability of Injury Nor a Special Relationship Existed to Create a Duty in Secondary Exposure Case

The plaintiff contracted mesothelioma and sued various defendants for asbestos exposure allegedly sustained as a child. Kuettel performed industrial and commercial insulation contracting work; the plaintiff’s father worked for Kuettel from 1961-65 and again from 1974-79. Kuettel moved for summary judgment, arguing it had no duty to warn the plaintiff because there was no special …

January 14, 2016 • Asbestos Case Tracker, Case Decisions, Pennsylvania, Statute of Limitations, Summary Judgment

Granting of Summary Judgment Upheld on Appeal; Court Rules Time to File Suit Began with Prior Diagnosis of Asbestosis Based on Virginia Statute of Limitations

The plaintiff in this case alleges that the decedent, Vincent Gatto, was exposed to asbestos while self-employed as a brick mason in Virginia. The decedent was diagnosed with asbestosis in 2003 and then with mesothelioma in 2010. The action was filed in 2011. Following the close of discovery, several defendants moved for summary judgment “based …

January 11, 2016 • Asbestos Case Tracker, Case Decisions, Summary Judgment, Wisconsin

In Case Where Steamfitter Worked on its Premises, Owner Denied Summary Judgment Based on the Wisconsin Safe Place to Work Statute

In yet another follow-up decision in the Ahnert case out of Wisconsin federal court, Pabst Brewing Company moved for summary judgment. As previously reported, Foster Wheeler was granted summary judgment, but insulation contractor, Sprinkmann Sons Corp. was denied summary judgment based on the Wisconsin statute of repose. The decedent was a union Steamfitter from 1955 …

January 8, 2016 • Asbestos Case Tracker, Case Decisions, Statute of Repose, Summary Judgment, Wisconsin

Work Performed by Insulation Contractor was Maintenance, Not Improvement, to Real Property; Wisconsin Statue of Repose Did Not Bar Asbestos Claims

In a follow-up decision from yesterday’s report regarding the summary judgment granted to Foster Wheeler, Sprinkmann Sons Corporation also moved for summary judgment. The Wisconsin federal court denied this motion. The decedent was a steamfitter; two co-workers testified regarding their work with the decedent at various industrial facilities. They overhauled turbines and tanks, and removed/installed insulation. …