Georgia Court Severs Asbestos Claims for Failure to Show Commonality

ATLANTA -- A state court has severed several asbestos claims after finding the plaintiffs failed to show commonality among their allegations, despite being given the opportunity to show that the claims were properly joined. Armstead, et al. v. Georgia Pacific Corporation, et al., No. 03-A-11943-5 (Ga. State Ct., Cobb Cty.).

In an Oct. 13 order, Judge David P. Darden of the Georgia State Court for Cobb County, severed the claims as unrelated actions but allowed the severed plaintiffs to re-file their claims with separate civil action numbers. Judge Darden also ordered that the lead plaintiff, Mildred Armstead, re-file her lawsuit …