This post provides an update on the status of Bell v. Foster
Wheeler Energy Corp., pending in the United States District
Court for the Eastern District of Louisiana following a previous
blog post examining the court's order enunciating a
"third view" on the so-called "bare metal
defense" for asbestos litigation. Bell v. Foster Wheeler
Energy Corp., CV-15-6394, Africk, L., 2016 U.S. Dist. LEXIS
137547 (E.D. La. Oct. 4, 2016). When the court issued its order on
October 4, 2016 it provided the parties with an opportunity to
re-brief the motions for summary judgment pursuant to the framework
for analyzing the bare metal defense as described by the court. On
December 21, 2016, the defendants filed their motions for summary
judgment applying the court's newly set forth "third
view" on the bare metal defense. Plaintiffs filed responses to
those motions on January 23, 2017. Accordingly, the issue will now
be ripe for the court's decision on these motions for summary
judgment
