Court Grants Georgia-Pacific’s Motion for Partial Summary Judgment; Says Asbestos Plaintiffs Can't Bring Lung Cancer Claim

PHILADELPHIA –– The Asbestos Multidistrict Litigation Court has granted a Georgia-Pacific motion for partial summary judgment, ruling that since the plaintiffs did not properly amend their complaint to include a claim for lung cancer, they are not permitted to recover for that injury.

In the March 14 decision, the U.S. District Court for the Eastern District of Pennsylvania found that since the plaintiffs did not amend their complaint to indicate that the decedent developed lung cancer within two years of the diagnosis, the claim was precluded under the statute of limitations.

The claims were asserted on behalf of Arthur …