9th Circuit Reverses Judgment in Favor of Asbestos Defendants, Weighs in on Accrual of Wrongful Death Claims

SAN FRANCISCO –– The 9th Circuit U.S. Court of Appeals has reversed the dismissal of an asbestos wrongful death lawsuit, concluding that the claim in admiralty “can only accrue on or after death of the seaman, and not before then.”

In the April 29 opinion, the 9th Circuit clarified that “a wrongful death claim cannot arise or accrue before death even if the cause of death is anticipated.”

The underlying claims were asserted on behalf of Thomas Deem, who worked as an outside machinist onboard ships at Puget Sound Naval Shipyard. During the course of his employment, Deem allegedly …