Court Allows Summary Judgment Award to Metalclad To Stand

SAN FRANCISCO -- A California appellate court has affirmed an award of summary judgment to Metalclad Insulation Corp., saying that because a summary judgment award to the asbestos defendant was granted and then overturned, the company reserved the right to renew a motion for summary judgment. Samson, et al. v. Metalclad Insulation Corp., et al., No. A108680 (Calif. Ct. App., 1st Dist., Div. 4).

In doing so, the California First District Court of Appeals on April 12 rejected the plaintiffs' contentions that under Section 1008 of the California Code of Civil Procedure, Metalclad was precluded from renewing its summary judgment …