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

District Court Adopts Report and Recommendation of Magistrate in Both Granting and Denying Summary Judgment to Various DefendantsU.S. District Court for the District of Delaware, January 26, 2016

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, and Warren (denied in part). The court granted summary judgment on the issue of punitive damages to Ingersoll Rand and Warren, because the plaintiff failed to establish same.

The court analyzed the objections of Buffalo, Aurora Pump, Ingersoll Rand, IMO, and Warren. All these defendants argued the plaintiff did not establish exposure to asbestos from their products. The plaintiff argued genuine issues of material fact existed regarding exposure. Arguments raised before the district court had already been raised with the magistrate. Thus, the court adopted the report and recommendations of the magistrate judge.

Read the full decision here.