MDL Court’s Dismissal of 44 North Dakota Asbestos Cases Vacated by 3rd Circuit

PHILADELPHIA –– The U.S. Court of Appeals for the 3rd Circuit has vacated an Asbestos MDL Court order dismissing 44 North Dakota lawsuits after it found that the MDL Court had failed to give the plaintiffs an opportunity to explain the reasons for the failure to prosecute.

In the Sept. 6 order, the 3rd Circuit remanded the case with directions for the MDL Court to consider the six Poulis factors in its assessment of whether the cases should be dismissed.

The underlying appeal involves 44 asbestos plaintiffs designated as the North Dakota Pipefitter II Group Plaintiffs. The cases were …