Appellate Court Affirms Dismissal, Rules Prior Settlement Precludes Claims

NEW YORK -- A New York appellate court has affirmed the dismissal of a mesothelioma action, finding that a settlement agreement arising from plaintiff's asbestosis claims precluded him from bringing the instant action. Langhorne, et al. v. Amchem Products Inc., et al., No. 2005-08605 (N.Y. App. Div., 1st Dept.).

In the Nov. 10 order, the First Department of the New York Appellate Division opined that there was no evidence that the settlement agreement was entered into was made in duress or was a result of a mutual mistake.

Plaintiff Richard Langhorne brought the lawsuit on behalf of the estate of …