Successful summary judgment in an asbestos case in Delaware.
Successful summary judgment in an asbestos case in Delaware. The court agreed with the our argument that there was insufficient evidence (1) that the plaintiffs worked with the equipment containing asbestos and that (2) the identified equipment would have exposed them to asbestos. The plaintiffs also attempted to argue that Delaware should be a "must ask" jurisdiction for asbestos defendants and that defendants should have to prove affirmatively that plaintiffs did not work with their products. The court rejected that argument and ruled that defendants have no burden to prove a negative.