Del. Judge Recommends Summary Judgment for 4 Asbestos Defendants; Motions were Unopposed

WILMINGTON, Del. –– A Delaware magistrate judge has recommended the award of summary judgment to four asbestos defendants, noting that the motions were unopposed.

In the Feb. 15 report and recommendation, U.S. Magistrate Judge Sherry R. Fallon of the U.S. District Court for the District of Delaware found that the plaintiffs had failed to produce any evidence of exposure to asbestos in any of the four defendants’ products and, therefore, failed to meet the “substantial factor” test.

Icom Henry Evans and Johanna Elaine Evans filed the asbestos-related case in Delaware state court, but it was later removed by Foster Wheeler. …