Ala. Court Dismisses Failure-to-Warn Claims in Take-Home Asbestos Exposure Suit; Allows Other Claims to Proceed

BIRMINGHAM, Ala. –– An Alabama federal court has dismissed failure-to-warn claims in a take-home asbestos exposure case, finding that they were barred by the discretionary function doctrine.

In the Oct. 29 decision, the U.S. District Court for the Northern District of Alabama did allow a number of other claims to proceed against the Tennessee Valley Authority, citing evidence that indicated that the defendant had failed to adhere to several OSHA regulations.

Specifically, the District Court declined to dismiss claims that the Tennessee Valley Authority violated OSHA regulations concerning permissible levels of asbestos exposure; failed to follow mandatory directives on …