Brush Wellman wins summary judgment on contract claims for indemnification arising from product liability actions

Client(s) Brush Wellman Inc.

On behalf of Brush Wellman Inc., Jones Day obtained summary judgment on contract claims for indemnification arising from product liability actions. Brush sold beryllium-containing products to a manufacturer of dental alloys, which was sued, together with Brush, in four product liability cases by plaintiffs alleging exposure to beryllium from the alloys. Jones Day brought a separate action to enforce a written indemnity agreement between Brush and its customer, and won an award of Brush's attorney fees in the four product liability cases and in the enforcement action.

Brush Wellman Inc. v. Jeneric/Pentron Inc., 2008 U.S. Dist. LEXIS 374 (N.D. Ohio 2008)