5th Cir. Dismisses Lawsuit Challenging Settlement, Release Relating to American Optical Respirator

NEW ORLEANS — A federal appellate court has upheld dismissal of a product liability suit involving an American Optical Corp. respirator filed by the family of a deceased worker, finding their claims challenging a prior settlement and release are untimely.

On Jan. 4, the 5th Circuit U.S. Court of Appeals found that with reasonable diligence, the plaintiffs could have recognized their misunderstanding of the terms of the settlement agreement, consulted an independent attorney, or questioned the deceased’s attorney or American Optical about the release.

From 1956 to 1970, Raymond Lemieux Sr. worked for the Johns-Manville Corp., during which he wore …