IN RE ASBESTOS LITIGATION

No. 86, 2019.

228 A.3d 676 (2020)

IN RE: ASBESTOS LITIGATION Shad C. Shaw, and Sarah Shaw, his wife, Plaintiffs Below, Appellants, v. American Friction, Inc.; Baker Hughes Incorporated; Cabot Corporation; Conocophillips Company, as successor by merger to Phillips Petroleum Company, and Tosco Corporation; Drilling Specialites Company, LLC, individually as successor in interest to Chevron-Phillips Chemical Company, LP; Exxon Corporation; Ford Motor Company; Genuine Parts Company, trading as NAPA Auto Parts; Goulds Pumps, Incorporated; and Greene, Tweed, & Co., Inc., Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: March 24, 2020.

Reargument Denied May 20, 2020.


Attorney(s) appearing for the Case

Adam Balick, Esquire , Patrick J. Smith, Esquire , BALICK & BALICK, LLC, Wilmington, Delaware; Bartholomew J. Dalton, Esquire , Ipek K. Medford, Esquire (argued), Andrew C. Dalton, Esquire , Michael C. Dalton, Esquire , DALTON & ASSOCIATES, P.A., Wilmington, Delaware; Attorneys for Plaintiffs-Appellants Shad C. Shaw, and Sarah Shaw, his wife.

Loreto P. Rufo, Esquire (argued), RUFO ASSOCIATES, PA, Hockessin, Delaware; John V. Work, Esquire , LAW OFFICE OF JOHN V. WORK, Wilmington, Delaware; Joseph S. Naylor, Esquire , SWARTZ CAMPBELL, LLC, Wilmington, Delaware; Paul A. Bradley, Esquire , Stephanie A. Fox, Esquire , MARON MARVEL BRADLEY ANDERSON & TARDY, LLC, Wilmington, Delaware; Brian D. Tome, Esquire , REILLY MCDEVITT & HENRICH, Wilmington, Delaware; John C. Phillips, Esquire , David A. Bilson, Esquire , PHILLIPS GOLDMAN McLAUGHLIN & HALL, P.A., Wilmington, Delaware; Christian J. Singewald, Esquire , Rochelle Gumapac, Esquire , WHITE AND WILLIAMS LLP, Wilmington, Delaware; Kelly A. Costello, Esquire , MORGAN, LEWIS & BOCKIUS LLP, Wilmington, Delaware; Timothy A. Sullivan III, Esquire , WILBRAHAM, LAWLER, & BUBA PC, Wilmington, Delaware; Attorneys for Defendants-Appellees American Friction, Inc.; Baker Hughes Incorporated; Cabot Corporation; Conocophillips Company, as successor by merger to Phillips Petroleum Company and Tosco Corporation; Drilling Specialties Company, LLC, individually as successor in interest to Chevron Phillips Chemical Company, LP; Exxon Corporation; Ford Motor Company; Genuine Parts Company, trading as NAPA Auto Parts; Goulds Pumps, Incorporated; and Greene, Tweed & Company, Inc.

Before SEITZ, Chief Justice; VALIHURA, VAUGHN, TRAYNOR, and MONTGOMERY-REEVES, Justices, constituting the Court en Banc.


In this appeal we decide whether the Superior Court abused its discretion when it accepted the Special Master's report denying the plaintiffs a second extension to move the trial date. To warrant the extension, the plaintiffs had to show good cause. According to the...

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