Asbestos MDL Court: Collateral Estoppel Doesn’t Bar Reinstated MARDOC Claims

PHILADELPHIA –– The federal court overseeing the remaining claims pending in the national asbestos coordinated multidistrict litigation docket have denied a defense motion for summary judgment, saying the plaintiff’s failure to disclose his dismissed claims during subsequent bankruptcy proceedings was not made in bad faith.

In the Oct. 1 ruling, however, the U.S. District Court for the Eastern District of Pennsylvania did find that the trustee of the bankruptcy estate controlled the claims and efforts should be made to find that individual.

The recent order is one of several issued by the MDL Court this year addressing plaintiffs who filed …