Del. Court Overrules Foster Wheeler’s Objections to Recommendation Denying Summary Judgment Motion

WILMINGTON, Del. –– A federal court has rejected Foster Wheeler’s objections to a Report and Recommendation denying the defendant’s attempts to obtain summary judgment, concluding that the challenges raised by the defendant to the credibility of the testimony are an issue for the jury.

In the Aug. 18 order, the U.S. District Court for the District of Delaware overruled Foster Wheeler’s objections and denied the motion for summary judgment.

The underlying claims were filed by Harold and Doris Anne Cox, contending that Harold Cox’s exposure to asbestos while serving as a boiler tender in the U.S. Navy aboard the USS …