5th Circuit Affirms Dismissal of Claims Against Asbestos Defendant, Says Experts’ Findings Relied on ‘Assumptions’

NEW ORLEANS –– The 5th Circuit U.S. Court of Appeals has affirmed the dismissal of claims against an asbestos defendant, finding that the District Court properly excluded testimony from two experts whose findings rested on the “assumption” that asbestos was present at the plaintiff’s worksite.

In the Nov. 5 opinion, the 5th Circuit explained that at least one of the expert reports said nothing about the plaintiff’s time on the dredge on which the alleged exposure occurred.

Plaintiff Robert Schindler asserted the underlying claims, contending that he encountered asbestos-containing products while working as a merchant marine. He developed mesothelioma as …