STORY FROM: Asbestos
5th Circuit Affirms Remand Order, Says Defendant Failed to Show Government Controlled Asbestos Safety Measures
March 19, 2018
NEW ORLEANS –– The 5th Circuit U.S. Court of Appeals has affirmed a District Court order remanding an asbestos exposure case, agreeing with the federal court that while the defendant had shown that the U.S. Government required it to use asbestos insulation in the construction of tugs, it had not shown that the Government restricted its ability to warn of dangers related to asbestos exposure.
In the March 16 order, the 5th Circuit did acknowledge that a “revised approach” to handling the causal nexus requirement may be necessary, noting that other circuits have read recent amendments to eliminate the ...