Hillyer et al v. ABB Inc. et al
Filing
159
REPORT AND RECOMMENDATIONS- GRANTING 127 MOTION for Summary Judgment, 121 MOTION for Summary Judgment, 106 MOTION for Summary Judgment, 109 MOTION for Summary Judgment, 123 MOTION for Summary Judgment, 108 MOTION for Summ ary Judgment. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 8/15/2016. Signed by Judge Sherry R. Fallon on 7/28/2016. (lih)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE: ASBESTOS LITIGATION
MARKE. HILL YER and CAROL
HILL YER, his wife,
Plaintiffs,
v.
ABB, INC., et al.
Defendants.
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Civil Action No. 15-378-GMS-SRF
REPORT AND RECOMMENDATION
I.
INTRODUCTION
This Report and Recommendation is limited to six pending motions for summary
judgment in this asbestos-related personal injury action. The motions were filed by Defendants,
ABB, Inc. 1 ("ABB" or "ITE") (D.I. 127), CBS Corporation2 ("CBS" or "Westinghouse") (D.I.
106), BW/IP, Inc. ("BW/IP") (D.I. 108), Eaton Corporation3 ("Eaton" or "Cutler-Hammer")
(D.I. 109), Uriion Carbide Corporation ("Union Carbide") (D.I. 121), and Gould Electronics, Inc.
("Gould") (D.I. 123) (collectively "Defendants"). 4 As indicated in the chart, infra, and for the
reasons set forth below, the court recommends granting Defendants' motions for summary
judgment.
1
ITE Circuit Breakers, Inc. is a predecessor company of ABB, Inc. for certain products. (D.I.
128 at 1)
2
CBS Corporation is sued as a successor-in-interest to Westinghouse Electric Corporation. (D.I.
107 at 1)
3
Eaton Corporation is a successor-in-interest to Cutler-Hammer, Inc. (D.I. 110 at 1)
4
After filing a motion for summary judgment, Defendant Siemens Industry, Inc. ("Siemens")
was dismissed from this action on July 28, 2016, rendering the motion moot. (D.I. 114; D.I. 158)
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