Wis. Court Reverses Summary Judgment Awards for 14 Asbestos Defendants, Says Untimely Response Briefs Were Not ‘Egregious’

MILWAUKEE –– A Wisconsin appellate court has reversed summary judgment awards to 14 asbestos defendants, opining that the trial court erred when it refused to consider the plaintiffs’ response briefs for either failure to comply with the court’s page limit or failure to file before a court-imposed deadline.

In the July 15 opinion, the Wisconsin Court of Appeals, District I, did affirm summary judgment awards entered in favor Rockwell Automation and Lennox Industries after determining that the plaintiffs were permitted to file response briefs, and argue, against motions for summary judgment filed by those two defendants.

The plaintiffs asserted the …