5th Circuit Affirms Dismissal of Asbestos Claims in Jones Act Case

NEW ORLEANS –– The 5th Circuit U.S. Court of Appeals has affirmed the dismissal of asbestos claims against certain defendants, finding that no “fair-minded” reasonable jury could find that the decedent was exposed to asbestos on board vessels.

In the March 7 order, the 5th Circuit concluded that the plaintiffs were “required to prove more than that many merchant mariners on many ships were exposed to asbestos during the years [the decedent] sailed.”

“Rather,” the court opined, “they had to prove [the decedent] himself was exposed to asbestos on appellees’ vessels during specific periods of employment.”

Plaintiff Harry Marsh …