Asbestos MDL Judge Awards Summary Judgment To Shipbuilder

Posted on Tuesday, 28 January 2014

The court overseeing the national Asbestos Products Liability Multidistrict Litigation awarded summary judgment to Shipbuilder General Dynamics Corporation in two cases, reiterating that a ship is not a "product" under strict products liability law ( "As such, a shipbuilder defendant cannot face liability on a strict products liability claim") and that plaintiff's negligence claim failed as "no reasonable jury could conclude from the evidence that Defendant failed to exercise reasonable care under the circumstances when it allegedly failed to provide a warning regarding asbestos aboard the ship."   Edward Hugo argued the cases, Filer v Foster Wheeler, et. al., No. 12-60034 - ER (E.D. Pa.) and Leonard v CBS Corporation, et. al., No. 12- 60177 (E.D. Pa.), before the Honorable Eduardo C. Robreno in the Philadelphia District Court.

 

Memorandum of Law

Order Granting Summary Judgment

 

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