Asbestos MDL Court Asks Transferor Court to Determine if Illinois Recognizes Bare Metal Defense

PHILADELPHIA –– A case involving asbestos claims asserted on behalf of an electrician has been remanded to Illinois from the National Asbestos Products Liability Multidistrict Litigation court for a determination on whether that state recognizes the bare metal defense.

In the Jan. 30 order, the U.S. District Court for the Eastern District of Pennsylvania did dismiss turbine-related claims asserted against defendant Westinghouse, after determining that the plaintiff had not presented enough evidence to satisfy Illinois’ frequency, regularity and proximity standard.

Helen Mann brought the claims on behalf of J.W. Heggie, whose work as a carpenter allegedly exposed him to asbestos-containing …