Fraud Claims Against Union Carbide Dismissed, Equitable Indemnity Claims to Proceed

LOS ANGELES -- A federal judge has determined that several claims asserted by a California wallboard and texturing company contending that Union Carbide misrepresented and concealed safety concerns when selling asbestos-containing products are time-barred. Hamilton Materials v. Union Carbide, et al., No. 04-8389 (C.D. Calif.).

In the Feb. 16 order, Judge Florence-Marie Cooper of the U.S. District Court of the Central District of California opined that in defending itself against asbestos personal injury claims, plaintiff Hamilton Materials put itself on notice that there was a debate over the nature of Union Carbide's product, Calidria.

However, Judge Cooper did allow …