BEHB Team Wins MSJ in Living Mesothelioma Case

BEHB attorneys won summary judgment in a personal injury case venued in Alameda County that was set for a fast-tracked "preference" trial only six months after the complaint was served. The plaintiff claimed he developed malignant mesothelioma, a rare cancer of the lining of the lung, as a result of his exposure to asbestos over the course of his career. BEHB’s client, the sole remaining defendant, manufactured a roofing mastic which the plaintiff allegedly used to repair his employer’s roof. BEHB moved for summary judgment, arguing that the plaintiff could not establish the element of causation to support his claims. The plaintiff opposed, claiming the evidence supported both causation and punitive damages.

The court granted BEHB’s motion, finding there was no evidence the plaintiff’s use of roofing mastic resulted in the release of respirable asbestos fibers. BEHB Partner Jeremy Huie and Associate Alice Loh drafted the motion papers, and Partner Joseph Adams delivered the oral argument.

This outstanding result shows the skill with which BEHB attorneys defend their clients by defeating unmeritorious claims prior to trial. BEHB attorneys have a strong record of achieving favorable outcomes for clients by winning motions for summary judgment, obtaining greatly reduced settlements, and trying cases to defense verdict.