STORY FROM: Asbestos

5th Circuit Reiterates Position on Negligence Claims and Federal Jurisdiction in Asbestos Cases

NEW ORLEANS –– The U.S. Court of Appeals for the 5th Circuit has reiterated its position on the relation between negligence claims and federal jurisdiction in asbestos cases, finding that a District Court was correct in finding the underlying claims belonged in state court.

In a May 1 opinion, the 5th Circuit backed its prior holding that in the absence of a showing that it was barred from adopting safety measures that allegedly could have prevented the underlying injuries, the removing defendant had failed to establish federal jurisdiction.

Plaintiff Robert Templet Sr. asserted the underlying claims, contending that he ...

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