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FRANK KRUSE, ADMINISTRATOR AD LITEM FOR THE ESTATE OF DANSBY W. SANDERS V. VANDERBILT MINERALS, LLC, F/K/A R.T. VANDERBILT COMPANY, INC., 189 SO.3D 42 (ALA.2015)

Cunningham Bounds appears (along with Ned Miltenberg of the National Legal Scholars Law Firm) as amicus curiae for wrongful death victim who died from mesothelioma after being exposed during his working lifetime to asbestos-containing talc, seeking reversal of summary judgment entered in favor of talc supplier. The Supreme Court of Alabama reverses the summary judgment with key holding that a trial court should not grant a summary judgment, and an appellate court will not affirm one, on the basis of an absence of substantial evidence to support an essential element of a claim for affirmative defense unless the motion for summary judgment has properly raised that absence of evidence and has thereby shifted to the non-moving party the burden of producing substantial supporting evidence in opposition.

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