Magistrate Judge Recommends Motion to Dismiss from Asbestos Defendant be Converted to Summary Judgment Motion

WILMINGTON, Del. –– A magistrate judge has recommended that a motion to dismiss filed by an asbestos defendant be converted to a motion for summary judgment since the party wished to rely on evidence that was “extraneous to the pleadings.”

In the April 14 report and recommendation, U.S. Magistrate Judge Sherry R. Fallon of the U.S. District Court for the District of Delaware additionally suggested that the parties be given additional time to submit documents to support their positions in a summary judgment context.

Plaintiffs Charles and Elizabeth Malone filed the lawsuit, contending that Charles Malone was exposed to asbestos-containing …