Won summary judgment for General Electric in an asbestos liability case.
Rick Nadolink, and LaMar Jost obtained summary judgment on behalf of General Electric Company in a product liability case in the United States District Court for the District of Wyoming. After oral argument, the court ruled in GE's favor on several issues of first impression. Most significantly, the court applied a "frequency, proximity, and duration" test for the causation element of the plaintiff's strict liability and negligence claims. This test, which is universally opposed by plaintiff lawyers throughout the country, requires that the plaintiff prove a sufficient causal link between asbestos exposure and asbestos-related disease. The court's published summary judgment order will be extremely useful to companies, like GE, who are faced with ongoing asbestos-related claims in Wyoming.