Ohio Court Grants Motion for Judgment on the Pleadings, Says Product Liability Act Preempts Asbestos Claims

CLEVELAND –– An Ohio federal court has granted Honeywell’s motion for judgment on the pleadings regarding common law causes of action in an asbestos case, finding that they are expressly preempted by the Ohio Product Liability Act.

In the Sept. 6 order, the U.S. District Court for the Northern District of Ohio rejected the plaintiffs’ stance that because asbestos qualifies as a hazardous or toxic substance, the Act does not apply.

The plaintiffs asserted the claims on behalf of Julia Alexander, contending that she was exposed to asbestos-containing brake products. Honeywell International, however, moved for judgment on the pleadings on …