STORY FROM: Asbestos
3rd Circuit Reverses Order Dismissing Asbestos Claims Against 2 Defendants
May 18, 2016
PHILADELPHIA ¬¬– The 3rd Circuit U.S. Court of Appeals has reversed an order dismissing claims against two asbestos defendants, finding that the District Court had relied on evidence “extrinsic” to the plaintiff’s amended complaint.
In the May 16 opinion, the federal appellate court further held that, in addressing a motion to dismiss like the one in the instant case, the District Court was required to consider only the allegations contained in the pleading to determine the sufficiency of the claims.
Peggy Hassell asserted the claims, contending that her husband was exposed to asbestos-containing material while working for approximately 40 years ...