STORY FROM: Asbestos
N.C. Court Allows Asbestos Suit to Proceed, Says Other Cases Filed by Same Plaintiffs Assert Different Allegations
April 1, 2014
ASHEVILLE, N.C. –– A North Carolina federal court has rejected efforts by Alcatel-Lucent USA Inc. to dismiss an asbestos suit, opining that while the plaintiffs have filed lawsuits in North Carolina, South Carolina and Delaware, each suit contains different allegations and, therefore, does not constitute abuse of judicial process.
In the March 27 opinion, the U.S. District Court for the Western District of North Carolina also ruled that the abstention doctrine does not apply since the suits are not parallel since one involves direct exposure and another contains take-home exposure allegations.
The underlying action involves the alleged asbestos exposure ...