STORY FROM: Asbestos
3rd Circuit Affirms Order Tossing Asbestos Claims against CSX as Barred by Prior Settlement Release
December 21, 2016
PHILADELPHIA –– The 3rd Circuit U.S. Court of Appeals has affirmed a District Court’s finding that a prior settlement agreement bars asbestos claims asserted by a former CSX Transportation employee, concluding that the prior release specifically mentioned cancer arising from asbestos exposure.
In the Dec. 16 opinion, the 3rd Circuit rejected plaintiff efforts to apply U.S. Supreme Court case law that would have allowed the claims to proceed.
Plaintiff James Collier originally settled an action against CSX in 1994; that action included claims for injuries for exposure to asbestos during his employment with the railroad company, the court explained. As ...