5th Circuit Dismisses Asbestos Appeal Again, Says Rule 54(b) Judgment Can’t Retroactively Change Dismissal Type

NEW ORLEANS –– The 5th Circuit U.S. Court of Appeals has dismissed an asbestos appeal for the second time, again for lack of jurisdiction, ruling that a District Court order issued in an attempt to fix the jurisdiction deficiency had no effect.

In the Aug. 15 order, the 5th Circuit explained that the Eastern District of Louisiana’s Rule 54(b) judgment did not retroactively change the prior without-prejudice dismissals into with-prejudice dismissals.

The plaintiffs contended in the lawsuit that Frank Williams Jr. developed mesothelioma as a result of exposure to asbestos-containing products while working at a NASA facility in Louisiana. Among …