Luis Barba Wins Oral Argument For MSJ in California

Jan 8, 2019 | Asbestos, Toxic Tort

Luis Barba of CMBG3’s Orange County office successfully argued a motion for summary judgment on behalf of one of our clients in the asbestos litigation, asserting that the plaintiffs had failed to establish through admissible evidence that CMBG3’s client had caused plaintiff any harm. 

Plaintiffs, through written discovery, identified a witness who was purportedly going to offer testimony against CMBG3’s client at trial. It was represented that this witness was going to place the client’s product at the worksite of the plaintiff. However, through our investigative work, we were able to obtain evidence from said witness that this in fact was not correct. Through oral argument before the Court, Mr. Barba was able to demonstrate to the court that “all loops of potential evidence” had been closed, leaving the court with no alternative but to grant summary judgment in favor of our client. This result not only saved our client significant defense costs in the face of a looming trial date, but provided a road map for other defendants remaining in the case on certain key critical points of defense.

The attorneys at CMBG3 Law have represented clients in asbestos, products liability, and toxic tort matters for many years. We provide the most current advice by staying informed of legal, scientific and medical developments regarding a wide variety of substances and products.  If you have any questions or would like more information regarding the above-referenced ruling or our firm’s asbestos practice generally, please contact Luis Barba directly.

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