Plaintiffs' Ask Ohio Court to Vacate Order Dismissing 'Unimpaired' Asbestos Claims

CLEVELAND -- Counsel for plaintiffs in Ohio asbestos litigation have filed a motion to vacate a recent order in which a state trial court judge dismissed claims of plaintiffs who are not impaired under criteria established by recent legislation aimed at limiting the types of asbestos claims that may proceed to trial. In re: All Kelley & Ferraro Asbestos Cases, No. CV-073958 (Ohio Ct. Comm. Pls., Cuyahoga Cty.).

In a Sept. 23 motion to vacate the order, the law firm of Kelley & Ferraro argues that the objectives of Cuyahoga Common Pleas Court Judge Richard J. McMonagle's Order have already …