MDL-Remanded Meso Case Dismissed Based on 2002 Ruling in Parallel State Case

PHOENIX - A federal judge in Arizona has dismissed an asbestos wrongful death case after defendants argued that an identical claim the plaintiff filed in state court to avoid delays in MDL 875 had already been dismissed as untimely. Leabo, et al. v. Allied Signal Inc., et al., No. 00-1527 (D. Ariz.).

Judge Paul G. Rosenblatt of the U.S. District Court for the District of Arizona ruled Aug. 9 that although the federal case was timely filed, the dismissal of the state court action on statute of limitations grounds has a preclusive effect on the federal case based on the …