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

  • Opinion

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 …


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