3rd Circuit Affirms Order Denying Efforts to Amend Asbestos Take-Home Exposure Complaint with Workplace Exposure Claims

PHILADELPHIA –– The 3rd Circuit Court of Appeals has affirmed a lower court’s decision to deny a motion to amend an asbestos lawsuit, ruling that the District Court did not err when it found that efforts to amend the complaint did not relate back to the original pleading.

In the Jan. 7 opinion, the 3rd Circuit wrote that the proposed changes to the lawsuit involved entirely new workplace exposures and therefore could not be linked to the previously filed take-home exposure claims.

Barbara Anderson filed the underlying complaint shortly after she was diagnosed with mesothelioma. In her lawsuit, …