“Recent Asbestos Defense Wins”

          G. Michael Lewis and McLaine DeWitt Herndon recently achieved dismissal for two asbestos defense clients.  One Defense client, sued as a products manufacturer, was dismissed without prejudice early in the case when Michael Lewis and McLaine Herndon demonstrated that the Plaintiff could not meet the pleading standard for multi-defendant asbestos cases.  Additionally, they demonstrated that among other deficiencies, the Plaintiff was unable to meet the requirements of negligence thus negating the heart of the Plaintiff’s action.  Approximately four months after this manufacturer was sued, the Defendant was released without prejudice on a Motion to Dismiss for failure to state a claim.  While the case is still pending and the dismissal was without prejudice, the dismissal was still an important win.

          The second win came in the form of a Motion for Summary Judgment when Michael Lewis and McLaine Herndon demonstrated that as a property owner, their client was entitled to the Hatley defense and should be dismissed from the suit as a matter of law.  Since the case is still proceeding with other defendants, the dismissal is not finalized, but still represents an important victory for this client. 

           To contact either Michael Lewis or McLaine Herndon about asbestos litigation please email them at  mlewis@dsda.com or mherndon@dsda.com.