STORY FROM: Asbestos
Group Can't Replace Sole Plaintiff in Asbestos Medical Monitoring Class, Louisiana Court Rules
January 1, 2001
BATON ROUGE, La. - The Louisiana Supreme Court has reversed a decision that would have allowed for the substitution of plaintiffs in a medical monitoring class action in place of the sole, original plaintiff, who died before the class could be certified. Meral, et al. v. Ted Aucoin, et al., No. 00-CC-1323 (La. Sup. Ct.).
Granting a defense motion for certiorari that effectively dismisses the complaint, the state high court said Nov. 13 that as a matter of law, the action abated with the death of plaintiff E.J. Meral.
The action was never certified as a class, and Meral's ...