5th Cir. Says Mississippi Wouldn't Allow Beryllium Sensitivity Claims

New Orleans - A federal appeals court applying Mississippi law said that a lower court properly dismissed beryllium sensitization claims by workers at the Stennis Space Center because Mississippi courts would not find BeS to be a compensable injury. Paz v. Brush Engineered Materials Inc., et al., No. 06-60085 (5th Cir.).

The 5th Circuit panel on Jan. 13 rejected plaintiffs' argument that the court should follow an 11th Circuit opinion allowing similar claims, noting that the 11th Circuit was applying Georgia law (Parker v. Wellman, 230 Fed. Appx. 878 [11th Cir. 2007]).

George Paz and five other space center employees …