Claim-Splitting Doctrine Does Not Bar Asbestos Action Against Union Pacific, Del. State Judge Rules
December 12, 2014
WILMINGTON, Del. — The claim-splitting doctrine does not bar a plaintiff from pursuing an asbestos exposure lawsuit against Union Pacific Railroad Co. because the defendant was not involved in an earlier asbestos action filed by the same plaintiff and therefore would not be exposed to multiple lawsuits, a Delaware state judge has ruled.
In a Dec. 5 opinion, Judge Eric M. Davis of the New Castle County Superior Court further held that the doctrine does not apply because Union Pacific failed to show that the two lawsuits substantially overlap or that it would suffer undue prejudice as a result of …
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