Del. Magistrate Judge Recommends Dismissal of Asbestos Case for Failure to Comply with Florida Act

WILMINGTON, Del. –– A Delaware federal magistrate judge has recommended that an asbestos complaint be dismissed for failure to comply with Florida’s Asbestos and Silica Compensation Fairness Act, noting that the plaintiffs had failed to comply with an earlier deadline to amend their suit to satisfy the Act’s requirements.

On Aug. 11, Magistrate Judge Christopher J. Burke of the U.S. District Court for the District of Delaware subsequently recommended that a defense motion to dismiss the case be granted.

Florida residents Harry and Madonna Davis asserted the claims, contending that Harry Davis was exposed to asbestos-containing products and, …