Brush Wellman obtains affirmance of summary judgment by Third Circuit in beryllium exposure case

Client(s) Brush Engineered Materials Inc.

Jones Day represented Brush Wellman, a manufacturer of beryllium products, in a case in which the plaintiff claimed exposure to beryllium and sought medical monitoring for beryllium disease. The trial court granted summary judgment for defendants on the ground that plaintiff was not sensitized to beryllium and therefore could not prove a "substantially increased risk" of developing beryllium disease, as required by Pennsylvania law on medical monitoring. On June 7, 2010, the Third Circuit issued a 56-page opinion affirming the trial court's decision in all respects.

Anthony v. Small Tube Manufacturing Corp. et al., No. 08-4374 (U.S. Court of Appeals, Third Circuit)