Ala. Court Refuses to Adopt Magistrate Judge’s Recommendation in Asbestos Case

BIRMINGHAM, Ala. –– An Alabama federal court has declined to adopt a magistrate judge’s recommendation to finalize orders awarding summary judgment to two asbestos defendants.

In the Jan. 12 order, the U.S. District Court for the Northern District Court of Alabama said the magistrate judge’s recommendation was “only a boilerplate recitation of 54(b)’s requirement.”

The plaintiffs asserted the claims on behalf of Ray Franklin, contending that he developed asbestosis as a result of exposure to asbestos-containing products. The case was eventually transferred to the national multidistrict litigation proceedings in the Eastern District of Pennsylvania.

After the claims were remanded …