Del. Court Adopts Recommendation, Awards Summary Judgment to Foster Wheeler in Asbestos Case

WILMINGTON, Del. – A Delaware federal court has awarded summary judgment to Foster Wheeler LLC in an asbestos case, adopting a magistrate judge’s recommendation that the defendant was entitled to the award since the plaintiffs had failed to present enough product identification evidence.

In the Jan. 9 order, the U.S. District Court for the District of Delaware rejected the plaintiffs’ position that their evidence created an inference that the alleged injury was caused by exposure to asbestos contained in the defendant’s boilers.

Plaintiffs Jimmy and Connie Mitchell filed the asbestos claims, contending that Jimmy Mitchell was exposed to …