Del. Court Grants Asbestos Plaintiffs’ Motion to Re-Argue Summary Judgment Motion, Cites ‘Newly Discovered Evidence’

  • Aug. 2017 Order
  • Re-argument Order

WILMINGTON, Del. –– A Delaware court has granted a plaintiff motion to re-argue a summary judgment motion it previously granted in an asbestos case, saying that newly discovered evidence justifies a rehearing of the issue.

In the Jan. 29 order, the Delaware Superior Court explained that it did not have the newly discovered evidence when it made its initial ruling, but noted that it was not an opportunity for the parties to rehash the arguments already decide by the court.

The plaintiffs asserted the claims on behalf of Milton Kivell, contending that he was exposed to asbestos-containing products while …


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