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Various Plaintiffs v. A

April 3, 2012

VARIOUS PLAINTIFFS
v.
A VARIOUS DEFENDANTS



The opinion of the court was delivered by: Eduardo C. Robreno, J.

CONSOLIDATED UNDER

Transferred from the Northern District of California : Case Nos.: See Exhibit

(attached hereto)

MEMORANDUM

TABLE OF CONTENTS

I. BACKGROUND............................................... 2

II. LEGAL STANDARD........................................... 2

A. SUMMARY JUDGMENT STANDARD........................... 3

B. THE APPLICABLE LAW.................................. 5

1. PROCEDURAL MATTERS............................. 5

2. GOVERNMENT CONTRACTOR DEFENSE.................. 5

3. STATE LAW ISSUES (MARITIME v. STATE LAW)...... 5

C. BARE METAL DEFENSE UNDER MARITIME LAW............... 8

D. GOVERNMENT CONTRACTOR DEFENSE....................... 8

E. GOVERNMENT CONTRACTOR DEFENSE AT SUMMARY JUDGMENT STAGE...............................................10

III. DISCUSSION...............................................11

A. DEFENDANT'S ARGUMENT................................11

B. PLAINTIFFS' ARGUMENTS...............................12

C. ANALYSIS............................................15

IV. CONCLUSION...............................................18

Before the Court are Motions for Summary Judgment in five (5) cases originating in California. A list of these cases appears as "Exhibit A" hereto. Each of these cases was transferred from the United States District Court for the Northern District of California, and is now part of MDL-875, the consolidated asbestos products liability multidistrict litigation pending in the U.S. District Court for the Eastern District of Pennsylvania. For the reasons set forth below, and for each of the motions, summary judgment will be granted in part (as to alleged asbestos exposure arising from insulation) and denied in part (as to all other alleged asbestos exposure), and each case remanded to the Northern District of California for further proceedings. By stipulation dated September 22, 2011 (the "Stipulation"), counsel for plaintiff(s) in each of these cases entered into an agreement with counsel for Defendant General Electric Company that the Court's rulings on the summary judgment motions filed by Defendant in these five (5) cases (which ...


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