§Why CasetextPricing

Bell v. Foster Wheeler Energy Corporation, et al

MOTION for Summary Judgment

33 Cited authorities

  1. Boyle v. United Technologies Corp.

    487 U.S. 500 (1988)   Cited 1,187 times   31 Legal Analyses
    Holding that where evidence in a civil trial does not suffice to support a jury verdict for plaintiff under a properly formulated defense, judgment may be entered for defendant on appeal despite the fact that defendant did not object to jury instructions "that expressed the defense differently, and in a fashion that would support a verdict"

  2. Leite v. Crane Co.

    749 F.3d 1117 (9th Cir. 2014)   Cited 1,149 times   8 Legal Analyses
    Holding that a defense contractor properly removed a case under § 1442 based, in part, on "the Navy's detailed specifications regulating the warnings that equipment manufacturers were required to provide"

  3. Lindstrom v. A-C Product Liability Trust

    424 F.3d 488 (6th Cir. 2005)   Cited 268 times   17 Legal Analyses
    Holding that "a mere showing that defendant's product was present somewhere at plaintiffs place of work is insufficient [to establish causation,]" and rather that a plaintiff must show "a high enough level of exposure that an inference that the asbestos was a substantial factor in the injury is more than conjectural"

  4. Perez v. Lockheed Corp.

    81 F.3d 570 (5th Cir. 1996)   Cited 260 times
    Holding strict-liability place of conduct is where product designed, manufactured, and entered commerce stream

  5. Oliver v. Oshkosh Truck Corporation

    96 F.3d 992 (7th Cir. 1996)   Cited 252 times   1 Legal Analyses
    Holding that a corporation successfully asserted a government contractor defense

  6. Conner v. Alfa Laval, Inc.

    842 F. Supp. 2d 791 (E.D. Pa. 2012)   Cited 85 times   2 Legal Analyses
    Holding that "under maritime law, a manufacturer is not liable for harm caused by, and owes no duty to warn of the hazards inherent in, asbestos products that the manufacturer did not manufacture or distribute"

  7. Lawrence v. Fed. Home Loan Mortg. Corp.

    808 F.3d 670 (5th Cir. 2015)   Cited 61 times
    Holding that increases in monthly mortgage payments did not constitute fraud damages because it did not alter the total amount owed

  8. Trevino v. General Dynamics Corp.

    865 F.2d 1474 (5th Cir. 1989)   Cited 125 times   1 Legal Analyses
    Holding that "substantive review" is adequate

  9. Tate v. Boeing Helicopters

    55 F.3d 1150 (6th Cir. 1995)   Cited 100 times
    Concluding that the United States exercises sufficient discretion whenever "a contractor proposes warnings that the government substantively approves, . . . even if the government did not 'prohibit' the contractor from proposing more alarming warnings"

  10. Kerstetter v. Pacific Scientific Company

    210 F.3d 431 (5th Cir. 2000)   Cited 79 times   1 Legal Analyses
    Finding "[s]tate law is displaced" if the three Boyle elements are proven in a failure-to-warn claim

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 335,493 times   160 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 2680 - Exceptions

    28 U.S.C. § 2680   Cited 7,817 times   12 Legal Analyses
    Concluding that claims for injurious falsehoods, disparagement of property, slander of goods, or trade libel are claims arising out of libel or slander under the FTCA