Eileen Ford of MOODK’s Delaware office obtained dismissal on summary judgment for two boiler manufacturer clients in two separate (consolidated) asbestos cases.  The Plaintiffs (two brothers)  alleged asbestos exposure to exterior insulation on boilers when they owned and operated a conglomerate of laundry businesses in Florida from the late-1960s into the mid-1980s.  Motions for summary judgment were filed on behalf of both clients on the basis that Plaintiff’s failed to provide sufficient evidence that the exterior insulation was a product manufactured by the clients as required pursuant to Florida’s Asbestos and Silica Act and/or the application of the bare-metal defense which the clients argued was the substantive law in Florida.  Alternatively, it was argued that because Plaintiffs could not place a particular boiler at any of their conglomerate locations (i.e. name recognition only), that they could not meet the “substantial factor exposure” requirement under Florida law.  Ultimately, the Court granted summary judgment on the grounds that it was Plaintiffs’ conglomerate that actually purchased the alleged asbestos-containing asbestos, and since they did not know the manufacturer of that insulation, could not quantify how often they present when insulation was removed or installed, summary judgment was granted.  The Court determined it did not need to reach the issue of predicting how Florida Supreme Court would rule on the bare-metal defense argument.    

MOODK’s Tarrytown office obtained dismissal of two medical malpractice actions in favor of a NYC-based radiology facility in regard to failure to diagnose cancer litigation.  The 2017 action was dismissed for plaintiff’s failure to timely move for a default judgment against the facility. We persuasively argued that codefendant’s pending bankruptcy proceeding and NY’s pending Executive Order regarding COVID did not effectively toll the controlling statute.  The 2020 action was dismissed on statute of limitations grounds.

On October 14, 2021, MOODK held its annual women’s event which provides for the professional and personal development of our female attorneys and business partners.  As part of this event, we introduced our participants to powerful organizations that MOODK has partnered with and/or sponsored throughout the year as part of our continued commitment to social engagement and giving back to our community. 

The organizations discussed at this wonderful event included:

• Dancing While Cancering, a beautiful organization that provides joy to the inpatient child cancer experience. Through this organization, MOODK sponsored Maddie’s Character Closet at Children’s Hospital of Philadelphia.   More information on Dancing While Cancering can be found here: https://dancingwhilecancering.org/

• The Treavor Project, an important organization that provides support for member of the LGBTQ community struggling with mental health.  More information on The Treavor Project can be found here: https://www.thetrevorproject.org/

We are proud to offer our female colleagues a voice while also showing our business partners the importance we place on social action.

MOODK Pittsburgh attorney, Dan Bentz, obtained an important victory in the Third Circuit Court of Appeals regarding a nationwide products liability class action. The case began in the Western District of Pennsylvania where the pair obtained a complete denial of class certification, which was subsequently appealed on a variety of issues. The Third Circuit agreed with our client’s position on all appealable issues.