Virginia Supreme Court Affirms Dismissal of Asbestos Case, Says Prior Settlement Release Bars Instant Claims

RICHMOND, Va. – The Virginia Supreme Court has affirmed a lower court’s dismissal of asbestos-related claims, finding that the plaintiff intended to release the instant lung cancer claims as part of a settlement reached in an earlier asbestosis case.

In the Aug. 31 opinions, the state high court further opined that the release of the present claims was not void under Section 5 of the Federal Employers’ Liability Act, as the plaintiff had contended.

The plaintiffs asserted the claims on behalf of Aaron J. Cole, contending that his work as a machinist for Norfolk Southern Railway Co. caused him to …