Asbestos MDL Judge Declines to Apply 'Dual Capacity' Doctrine

PHILADELPHIA -- The judge presiding over the national Asbestos Products Liability Litigation MDL has granted a motion to dismiss filed by Hewlett-Packard, concluding that the plaintiff's claims against the company are barred by the workers' compensation statute. Shamir v. Agilent Technologies, No. 08-76816; MDL Docket No. 875 (E.D. Pa.).

In the April 9 order, Judge Eduardo C. Robreno of the U.S. District Court for the Eastern District of Pennsylvania declined to apply the 'dual capacity' doctrine, stating that workers' compensation should be the exclusive remedy for those injured in the course of employment.

The claims were asserted by Ruth Shamir …