Calif. Court Upholds Dismissal of Claims Against Nebraska Boiler Manufacturer

SAN FRANCISCO –– A California appellate court has upheld the dismissal of asbestos claims against a Nebraska boiler manufacturer, ruling that the dissolved foreign corporation was not subject to California’s corporate survival statute.

In the Sept. 21 opinion, the California First District Court of Appeal found that the defendant could not be considered a “corporation,” under California corporate law since the company never filed papers incorporating in the state.

The lawsuit was filed on behalf of Douglas G. Robinson, who died from mesothelioma, allegedly caused by exposure to asbestos-containing products in part while working with boilers manufactured by Nebraska …