Del. Magistrate Judge Recommends Summary Judgment for 5 Defendants in Asbestos Action

WILMINGTON, Del. – A Delaware magistrate judge has filed a report and recommendation indicating her support for five defense motions for summary judgment in an asbestos case, finding that the plaintiffs had failed to establish product identification.

In the Aug. 31 report and recommendation, U.S. Magistrate Judge Sherry R. Fallon of the U.S. District Court for the District of Delaware additionally found that some of the defendants could not be held liable for products they did not manufacture or supply.

Plaintiffs Stephen and Marilyn Charlevoix asserted the claims, contending that Stephen Charlevoix’s mesothelioma was caused by exposure to asbestos-containing products …