Absent Judiciable Injury, Order Dismissing Asbestos Defendants with Prejudice Must Remain, 6th Cir. Rules

CINCINATTI - An order dismissing defendants with prejudice from an asbestos case can remain unaltered, even though it might, in the future, get in the way of indemnity claims filed by defendants still active in the litigation, a federal appeals court has ruled. Stark v. Armstrong World Industries, et al., No. 00-3444 (6th Cir.).

The Sixth Circuit U.S. Court of Appeals said in an opinion issued Oct. 3 that because the remaining defendants have so far plead no justiciable injury as a result of the dismissal being granted with prejudice, it has no choice but to affirm the order.

In …