3rd Cir. Upholds Dismissal of Asbestos Exposure Action on Preclusion Grounds
March 9, 2023
PHILADELPHIA — A 3rd Circuit U.S. Court of Appeals panel has upheld dismissal of an asbestos exposure action on preclusion grounds, ruling that the lower court’s dismissal of the plaintiff’s complaint in his initial lawsuit was a valid final judgment on the merits.
On March 3, the appellate panel found the plaintiff’s failure to amend his complaint by the court’s deadline in the first action transformed the dismissal without prejudice into a dismissal with prejudice.
Richard Nybeck sued various asbestos product manufacturers in the Philadelphia Court of Common Pleas in 2016, alleging he developed lung cancer after occupational exposure to …