HICKS v. THE BOEING COMPANY

Civil Action No. 13-393-SLR-SRF.

MARY J. HICKS, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ALVA HICKS, JR., AND MARY J. HICKS INDIVIDUALLY, Plaintiff, v. THE BOEING COMPANY, et al., Defendant.

United States District Court, D. Delaware.

March 21, 2014.


Attorney(s) appearing for the Case

Mary J. Hicks, Plaintiff, represented by Diane M. Coffey , Napoli Bern Ripka Shkolnik & Associates LLP.

Crown Cork & Seal Company Inc., Defendant, represented by Andrew G. Ahern, III .

General Electric Company, Defendant, represented by Beth E. Valocchi , Swartz Campbell LLC.

Honeywell International Inc., Defendant, represented by Joelle Florax , Rawle & Henderson LLP.

McDonnell Douglas Corporation, Defendant, represented by Bryan Patrick Smith , Manion Gaynor & Manning LLP & Nathan David Barillo , Manion Gaynor & Manning LLP.

Northrop-Grumman Corporation, Defendant, represented by Nancy Shane Rappaport , DLA Piper LLP.

Pneumo Abex Corporation, Defendant, represented by C. Scott Reese , Cooch & Taylor.

Union Carbide Corporation, Defendant, represented by Beth E. Valocchi , Swartz Campbell LLC.

Honeywell International Inc., Cross Defendant, represented by Joelle Florax , Rawle & Henderson LLP.

Pneumo Abex Corporation, Cross Defendant, represented by C. Scott Reese , Cooch & Taylor.

Honeywell International Inc., Cross Defendant, represented by Joelle Florax , Rawle & Henderson LLP.

Northrop-Grumman Corporation, Cross Defendant, represented by Nancy Shane Rappaport , DLA Piper LLP.

Pneumo Abex Corporation, Cross Defendant, represented by C. Scott Reese , Cooch & Taylor.

Honeywell International Inc., Cross Claimant, represented by Joelle Florax , Rawle & Henderson LLP.

Honeywell International Inc., Cross Defendant, represented by Joelle Florax , Rawle & Henderson LLP.

General Electric Company, Cross Defendant, represented by Beth E. Valocchi , Swartz Campbell LLC.

Northrop-Grumman Corporation, Cross Defendant, represented by Nancy Shane Rappaport , DLA Piper LLP.

Pneumo Abex Corporation, Cross Defendant, represented by C. Scott Reese , Cooch & Taylor.

General Electric Company, Cross Defendant, represented by Beth E. Valocchi , Swartz Campbell LLC.

Honeywell International Inc., Cross Defendant, represented by Joelle Florax , Rawle & Henderson LLP.

Northrop-Grumman Corporation, Cross Defendant, represented by Nancy Shane Rappaport , DLA Piper LLP.

Pneumo Abex Corporation, Cross Defendant, represented by C. Scott Reese , Cooch & Taylor.

General Electric Company, Cross Defendant, represented by Beth E. Valocchi , Swartz Campbell LLC.

Honeywell International Inc., Cross Defendant, represented by Joelle Florax , Rawle & Henderson LLP.

Northrop-Grumman Corporation, Cross Defendant, represented by Nancy Shane Rappaport , DLA Piper LLP.

Pneumo Abex Corporation, Cross Defendant, represented by C. Scott Reese , Cooch & Taylor.

General Electric Company, Cross Defendant, represented by Beth E. Valocchi , Swartz Campbell LLC.

Honeywell International Inc., Cross Defendant, represented by Joelle Florax , Rawle & Henderson LLP.

Northrop-Grumman Corporation, Cross Defendant, represented by Nancy Shane Rappaport , DLA Piper LLP.

Pneumo Abex Corporation, Cross Defendant, represented by C. Scott Reese , Cooch & Taylor.

Union Carbide Corporation, Cross Defendant, represented by Beth E. Valocchi , Swartz Campbell LLC.

General Electric Company, Cross Defendant, represented by Beth E. Valocchi , Swartz Campbell LLC.

Honeywell International Inc., Cross Defendant, represented by Joelle Florax , Rawle & Henderson LLP.

Northrop-Grumman Corporation, Cross Defendant, represented by Nancy Shane Rappaport , DLA Piper LLP.

Pneumo Abex Corporation, Cross Defendant, represented by C. Scott Reese , Cooch & Taylor.

Union Carbide Corporation, Cross Defendant, represented by Beth E. Valocchi , Swartz Campbell LLC.

Crown Cork & Seal Company Inc., Cross Defendant, represented by Andrew G. Ahern, III , Joseph W. Benson, Esq..

General Electric Company, Cross Defendant, represented by Beth E. Valocchi , Swartz Campbell LLC.

Honeywell International Inc., Cross Defendant, represented by Joelle Florax , Rawle & Henderson LLP.

Northrop-Grumman Corporation, Cross Defendant, represented by Nancy Shane Rappaport , DLA Piper LLP.

Pneumo Abex Corporation, Cross Defendant, represented by C. Scott Reese , Cooch & Taylor.

Union Carbide Corporation, Cross Defendant, represented by Beth E. Valocchi , Swartz Campbell LLC.

Honeywell International Inc., Cross Claimant, represented by Joelle Florax , Rawle & Henderson LLP.

Honeywell International Inc., Cross Defendant, represented by Joelle Florax , Rawle & Henderson LLP.

Crown Cork & Seal Company Inc., Cross Defendant, represented by Andrew G. Ahern, III , Joseph W. Benson, Esq..

General Electric Company, Cross Defendant, represented by Beth E. Valocchi , Swartz Campbell LLC.

Northrop-Grumman Corporation, Cross Defendant, represented by Nancy Shane Rappaport , DLA Piper LLP.

Pneumo Abex Corporation, Cross Defendant, represented by C. Scott Reese , Cooch & Taylor.

Union Carbide Corporation, Cross Defendant, represented by Beth E. Valocchi , Swartz Campbell LLC.

Crown Cork & Seal Company Inc., Cross Defendant, represented by Andrew G. Ahern, III , Joseph W. Benson, Esq..

General Electric Company, Cross Defendant, represented by Beth E. Valocchi , Swartz Campbell LLC.

Honeywell International Inc., Cross Defendant, represented by Joelle Florax , Rawle & Henderson LLP.

Northrop-Grumman Corporation, Cross Defendant, represented by Nancy Shane Rappaport , DLA Piper LLP.

Pneumo Abex Corporation, Cross Defendant, represented by C. Scott Reese , Cooch & Taylor.

Union Carbide Corporation, Cross Defendant, represented by Beth E. Valocchi , Swartz Campbell LLC.

General Electric Company, Cross Claimant, represented by Beth E. Valocchi , Swartz Campbell LLC.

General Electric Company, Cross Defendant, represented by Beth E. Valocchi , Swartz Campbell LLC.

Crown Cork & Seal Company Inc., Cross Defendant, represented by Andrew G. Ahern, III , Joseph W. Benson, Esq..

Mary J. Hicks, Cross Defendant, represented by Diane M. Coffey , Napoli Bern Ripka Shkolnik & Associates LLP.

Honeywell International Inc., Cross Defendant, represented by Joelle Florax , Rawle & Henderson LLP.

Northrop-Grumman Corporation, Cross Defendant, represented by Nancy Shane Rappaport , DLA Piper LLP.

Pneumo Abex Corporation, Cross Defendant, represented by C. Scott Reese , Cooch & Taylor.

Union Carbide Corporation, Cross Defendant, represented by Beth E. Valocchi , Swartz Campbell LLC.

Crown Cork & Seal Company Inc., Cross Defendant, represented by Andrew G. Ahern, III , Joseph W. Benson, Esq..

General Electric Company, Cross Defendant, represented by Beth E. Valocchi , Swartz Campbell LLC.

Honeywell International Inc., Cross Defendant, represented by Joelle Florax , Rawle & Henderson LLP.

Northrop-Grumman Corporation, Cross Defendant, represented by Nancy Shane Rappaport , DLA Piper LLP.

Pneumo Abex Corporation, Cross Defendant, represented by C. Scott Reese , Cooch & Taylor.

The Boeing Company, Cross Defendant, represented by Bryan Patrick Smith , Manion Gaynor & Manning LLP & William Bruce Larson, Jr. , Manion Gaynor & Manning LLP.

Union Carbide Corporation, Cross Defendant, represented by Beth E. Valocchi , Swartz Campbell LLC.

Crown Cork & Seal Company Inc., Cross Defendant, represented by Andrew G. Ahern, III , Joseph W. Benson, Esq..

General Electric Company, Cross Defendant, represented by Beth E. Valocchi , Swartz Campbell LLC.

Georgia Pacific LLC, Cross Defendant, represented by Stephanie Elizabeth Smiertka , Manion Gaynor & Manning LLP.

Honeywell International Inc., Cross Defendant, represented by Joelle Florax , Rawle & Henderson LLP.

Northrop-Grumman Corporation, Cross Defendant, represented by Nancy Shane Rappaport , DLA Piper LLP.

Pneumo Abex Corporation, Cross Defendant, represented by C. Scott Reese , Cooch & Taylor.

Union Carbide Corporation, Cross Defendant, represented by Beth E. Valocchi , Swartz Campbell LLC.


REPORT AND RECOMMENDATION

SHERRY R. FALLON, Magistrate Judge.

I. INTRODUCTION

Presently before the court in this asbestos-related personal injury action is a Motion to Dismiss Plaintiffs Complaint ("Motion to Dismiss" or "Motion"), filed by The Boeing Company ("Boeing"), pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. (D.I. 92) The Plaintiff, Mary J. Hicks...

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