5th Circuit Reverses Summary Judgment Award for Union Pacific in FELA Asbestosis Case
October 11, 2023
NEW ORLEANS –– The 5th Circuit U.S. Court of Appeals has reversed an award of summary judgment to Union Pacific in an asbestos case, concluding that the District Court needed to examine evidence regarding a tolling agreement.
In the Oct. 4 order, the 5th Circuit found that summary judgment was improper since there is a question of fact as to whether the parties agreed to extend a Tolling Agreement.
The underlying claims were brought by James Chapoy under the Federal Employers Liability Act. Chapoy said that he worked for Union Pacific Railroad from 1972 to 2011. The plaintiff said that …