5th Circuit Affirms Award of Summary Judgment in Asbestos, Toxic Exposure Lawsuit

NEW ORLEANS –– The 5th Circuit U.S. Court of Appeals has affirmed an award of summary judgment for Union Pacific Railroad Company in a toxic exposure lawsuit, finding that a prior release between the parties constituted a valid and enforceable contract that, ultimately, bars the claims.

In the April 14 order, the 5th Circuit also opined that the District Court did not err when it rejected the plaintiff’s position that the defendant had failed to provide sufficient notice of the affirmative defense of release.

Plaintiff Leopoldo Mendoza-Gomez filed the underlying claims, contending that his work for Union Pacific Railroad Company …