Del. Judge: Asbestos Case Can Proceed Despite Calif. Ruling Ordering Plaintiff to Re-File in Texas

WILMINGTON, Del. — A judge in Delaware has permitted an asbestos injury suit to proceed in his court even though the plaintiff was instructed by a California state court judge to re-file his claims in Texas.

New Castle County Superior Court Judge John A. Parkins Jr. ruled Oct. 8 that the California judge who dismissed the case based on forum non conveniens never addressed the issue of whether Delaware was an inconvenient forum to resolve the asbestos claim.

As a result, Judge Parkins held, plaintiff Charles Williams was not required to re-file his case in Texas, which the California …