MDL Judge Awards Summary Judgment to Boiler Manufacturer

Posted on Monday, 05 May 2014

The court overseeing the national Asbestos Products Liability Multidistrict Litigation awarded summary judgment to boiler manufacturer Foster Wheeler based on the Sophisticated User defense.  Applying California law, the Honorable Eduardo C. Robreno ruled that “summary judgment in favor of Defendant Foster Wheeler is warranted because Plaintiff has not disputed evidence presented by Defendant that the Navy knew of the hazards of asbestos prior to the time of decedent’s alleged exposure (beginning in approximately 1961) and that the Navy had state- of- the- art knowledge of the hazards of asbestos”.   Edward Hugo and Charles Park filed the motion in Dyer v. Foster Wheeler Energy Corporation, 2:09-cv-63298-ER in the U.S. District Court for the Eastern District of Pennsylvania.

 

View the full opinion here.

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