Arbogast et al v. A.W. Chesterton Company et al

Filing 514

MEMORANDUM. Signed by Judge James K. Bredar on 5/5/2016. (ca2s, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
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CHARLES LEMUEL ARBOGAST, JR.,
et al.,
Plaintiffs

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v.

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A.W. CHESTERTON CO. et al.,
Defendants
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CIVIL NO. JKB-14-4049

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MEMORANDUM
Plaintiffs, who are husband and wife Charles Lemuel Arbogast, Jr., and Barbara
Arbogast, sued twenty-seven defendants—of whom twenty-four remain in the case—and alleged
they, as manufacturers and/or distributors of various products, caused Charles Arbogast to be
exposed to asbestos, which led to his diagnosis of mesothelioma. (Compl., ECF No. 2.) The
complaint contains four counts, including Count I – strict liability, Count II – negligence, Count
III – aiding and abetting and conspiracy, and Count IV – loss of consortium. Plaintiffs demand
compensatory damages in excess of $75,000.
Various motions are pending that, if granted, will streamline the case considerably.
Plaintiffs have stated they do not oppose the motions, or parts thereof, that are subject of this
memorandum. (See Pls.’ Opp’n to CBS’s Mot. Summ. J. 3 n.1 (ECF No. 493); Pls.’ Opp’n to
Crane Co.’s Mot. Summ. J. 3 n.1 (ECF No. 494); Pls.’ Opp’n to Georgia-Pacific’s Mot. Summ.
J. 3 n.1 (ECF No. 495); Pls.’ Opp’n to Union Carbide’s Mot. Summ. J. 4 n.1 (ECF No. 496);
Pls.’ Opp’n to Foster Wheeler’s Mot. Summ. J. 3 n.1 (ECF No. 498); Pls.’ Opp’n to MCIC’s
Mot. Summ. J. 3 n.1 (ECF No. 499); Pls.’ Let. 2-3 (ECF No. 503).) In addition, Plaintiffs have

not offered any evidence of aiding and abetting and conspiracy in opposition to any motion for
summary judgment. (See Pls.’ Opp’n to GE’s Mot. Summ. J. (ECF No. 497); Pls.’ Opp’n to
Eaton’s Mot. Summ. J. (ECF No. 501).) The Court infers, then, that Plaintiffs are not pursuing
those claims against any Defendant and will grant partial judgment on that basis. If Plaintiffs
believe the Court’s view as to their aiding and abetting and conspiracy claims is in error, then
they may file a motion with supporting evidence asking for a revision of this ruling.
As a result of the various rulings made today, the following Defendants remain in the
case: CBS Corporation of Delaware; Crane Company; Eaton Corporation; Foster Wheeler, LLC;
Foster Wheeler Energy Corporation; General Electric Company; Georgia-Pacific, LLC;
Goodyear Tire & Rubber Company; MCIC, Inc.; Metropolitan Life Insurance Company;
Schneider Electric USA, Inc.; Sepco Corporation (but subject to automatic bankruptcy stay);
Union Carbide Corporation; and Uniroyal Holding, Inc.. A separate order will enter.
DATED this 5th day of May, 2016.

BY THE COURT:

______________/s/____________________
James K. Bredar
United States District Judge

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