Legal Opinion
In Re Asbestos Litigation
Superior Court of Delaware
Decided April 4, 1986PublishedCited by 45 opinions
1Opinion of the Court
POPPITI, Judge.
Defendant Nicolet, Inc. (hereinafter “Ni-colet”) filed a Motion for Summary Judgment in this case, claiming a lack of evidence showing product nexus or conspiracy. Summary judgment is granted with regard to product nexus, but denied as to conspiracy.
The appropriate standard for product nexus was set out by this Court in Clark v. A.C. & S., Del.Super., C.A. No. 82C-DE-26, Poppiti, J. (Sept. 3, 1985). In order to withstand a motion for summary judgment, the plaintiff “must proffer evidence that at the time [the defendant’s asbestos product] was present on the site he was in the…
2Cases cited28 opinions
- Copperweld Corp. v. Independence Tube Corp.Supreme Court of the United States · 1984
- National Ass'n for the Advancement of Colored People v. Claiborne Hardware Co.Supreme Court of the United States · 1982
- Aetna Casualty & Surety Co. v. Federal Insurance Co. of New YorkWest Virginia Supreme Court · 1963
- Interstate Circuit, Inc. v. United StatesSupreme Court of the United States · 1939
- Weinberger v. UOP, Inc.Supreme Court of Delaware · 1983
23 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Nicolet, Inc. v. NuttSupreme Court of Delaware · 1987
- Nutt v. AC & S. CO., INC.Superior Court of Delaware · 1986
- Sholtis v. American Cyanamid Co.New Jersey Superior Court Appellate Division · 1989
- Pizza Management, Inc. v. Pizza Hut, Inc.District Court, D. Kansas · 1990
- Government Guarantee Fund of the Republic of Finland v. Hyatt Corp.District Court, Virgin Islands · 1997
40 more not listed; retrieve them via the Exa API.