Law360, New York ( May 29, 2015, 12:17 PM EDT) -- Asbestos cases are frequently won or lost at the deposition phase. In Pennsylvania, summary judgment motions will be granted if the plaintiff has not met the standards of proof by showing there has been frequency, regularity and proximity by the plaintiff to a defendant's asbestos-containing products and that the plaintiff has actually breathed the dust from that asbestos product. It is essential to lay the proper foundation at deposition of the plaintiff and any co-workers. Defense counsel must be prepared to carefully cross-examine the plaintiff at the deposition phase, asking pointed questions about exposures to the defendant's products and actual breathing of dust from those products. If an asbestos case is based on guesswork or speculation, trial courts are duty bound to dismiss a defendant upon the filing of an appropriate summary judgment motion. A recent case in Pennsylvania is a model for how to successfully obtain summary judgment in asbestos cases....