Federal Asbestos MDL Judge Allows Punitive Damages Claim to Proceed, Remands Case

PHILADELPHIA -- The judge presiding over the federal Asbestos MDL has adopted a report and recommendation that concluded an asbestos case should be remanded to the federal court in which it was originally pending. Frawley v. ExxonMobil Corp., et al., No. 07-69124 (E.D. Pa.).

In the Dec. 6 decision, Judge Eduardo C. Robreno of the U.S. District Court for the Eastern District of Pennsylvania further ruled that the defendant could pursue its challenge to the plaintiff's claim for punitive damages under the Jones Act upon remand.

Joan Frawley brought the claims on behalf of her husband, who was allegedly …