Del. Court Dismisses Asbestos Lung Cancer Case with Leave to Re-File; Cites Florida Pleading Standards

WILMINGTON, Del. –– A Delaware court has dismissed an asbestos action with leave to re-file after determining that the lung cancer complaint filed to state “essential elements” of the plaintiffs’ claims under Florida’s “applicable statutory construct.”

In the Jan. 29 order, the Delaware Superior Court for New Castle County ruled that since Florida law requires the underlying plaintiffs to plead each of the essential elements of a prima facie asbestos case for a smoker, and the plaintiffs have not met that standard, the complaint is dismissed.

Ira and Regina Fluitt filed the underlying claims, contending that Ira Fluitt had …