N.C. Court Rejects Attempts to Dismiss Asbestos Complaint on Pleading Grounds

RALEIGH, N.C. –– A North Carolina federal court has denied attempts to dismiss an asbestos complaint, rejecting the defendant’s contention that the plaintiffs had failed to state a claim upon which relief could be granted.

In the April 1 decision, the U.S. District Court for the Eastern District of North Carolina noted that while a Rule 12(b)(6) motion “tests the sufficiency of a complaint,” it “does not resolve contest surrounding the facts … or merits of a claim.”

The plaintiffs brought the claims on behalf of Robert Wesley Miller, who was allegedly exposed to asbestos in a variety of …