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Article: Federal Appeals Court Gives Mixed Ruling in Asbestos Lawsuit.
- Article from:
- Asbestos & Lead Abatement Report
- Article date:
- May 1, 1999
CopyrightCOPYRIGHT 1999 Eli Research, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The plaintiffs in an asbestos lawsuit will not get the $1.8 million a federal jury awarded, but defendants who failed to appear in that trial will have to face their day in court, the U.S. Third Circuit Court of Appeals ruled.
The court said April 26 that the case, Greenleaf v. Garlock Inc., should not have been tried in U.S. District Court for the Eastern District of Pennsylvania because it had already been litigated in a state court and Pennsylvania law precludes the federal action.
It told the lower court to award the plaintiffs "consistent with" the $160,000 they were awarded in the state court case.
But it also ordered the district court ...