Court Reverses Dismissal, Says Calif. Has 'Significant Interest' in Claims

LOS ANGELES -- A California appellate court has reversed a dismissal in favor of Foster Wheeler, finding that a trial court erroneously determined that the statute of repose barred asbestos claims asserted against the defendant. McCann, et al. v. Foster Wheeler, et al., No. B189898 (Calif. Ct. App., 2nd Dist., Div. 8).

In the Feb. 28 decision, the California Second District Court of Appeal noted that alleged actions of Foster Wheeler took place in locations other than Oklahoma, so any "significant interest of Oklahoma in the application of its statute of repose -- and hence a 'true conflict' -- is …