Kasowitz Obtains Summary Judgment in Texas Asbestos MDL Court in Premises Liability Case

Kasowitz Obtains Summary Judgment in Texas Asbestos MDL Court in Premises Liability Case

On February 20, 2009, the Texas Asbestos MDL court granted summary judgment in favor of Kasowitz client CNA Holdings, Inc. ("Celanese'), a leading chemical manufacturer, in an action by an employee of an independent contractor who claimed that he contracted mesothelioma from exposure to asbestos while working for that contractor at a Celanese plant.  Following extensive discovery, the Court granted Kasowitz's summary judgment motion pursuant to Chapter 95 of the Texas Civil Practices and Remedies Codes, which, under certain limited circumstances, protects premises owners from personal injury and property claims of contractors.  In this case, William Moon v. Celanese, the Court found that Celanese did not "control" the manner, method and operative detail of the work, and it therefore had no duty to protect the worker from the harm he allegedly suffered.  Kasowitz Atlanta partner Mike Hutchins represented Celanese in this matter.