Del. Magistrate Judge Recommends Summary Judgment in Asbestos Case, Notes Motions Unopposed

WILMINGTON, Del. –– A Delaware magistrate judge has recommended that the District Court award summary judgment to two defendants named in an asbestos complaint, explaining that the motions were unopposed and, as such, the defendants are entitled to summary judgment.

In the Jan. 13 report and recommendation, U.S. Magistrate Judge Sherry R. Fallon of the U.S. District Court for the District of Delaware concluded that “the lack of any evidence of asbestos exposure for which moving defendants could be held liable warrants the recommendation for granting defendants’ motion for summary judgment and dismissing plaintiffs’ claims against them with prejudice.”