Va. Court Enjoins Second-Filed N.Y. Asbestos-Related Insurance Action, Says Cases are ‘Virtually Identical’

NEWPORT NEWS, Va. – A Virginia federal court has enjoined a second-filed declaratory action relating to underlying asbestos personal injury claims, ruling that allowing both cases to proceed would constitute duplicative litigation.

In the April 17 order, however, the U.S. District Court for the Eastern District of Virginia declined to enjoin co-plaintiffs involved in the second New York action that were not named in the Virginia case.

Hopeman Brothers filed the Virginia action in Dec. 2016, in which it sought declaratory judgment and ancillary relief and for damages for breach of contract. Hopeman specifically alleged that under liability insurance policies, …