Court: US Court of Appeals for the Fifth Circuit
Opinion Date: January 12, 2022
Judge: Leslie Southwick
Areas of Law: Civil Procedure, Personal Injury
This case law update is brought to you by Freeway Law auto accident and personal injury lawyers in Orange County. The following is not one of our cases, but it is of some significance, and we thought we should share it with our readers for informational purposes. The information above is for informational purposes only and not to be construed as legal advice.
In this case, involving mesothelioma, the Fifth Circuit concluded that the multidistrict litigation (MDL) court engaged in the improper weighing of the evidence on summary judgment relative to the survival action. Accordingly, the court reversed in part and remanded to the Louisiana district court. The court also considered it appropriate case management for the Louisiana district court to reconsider the plaintiffs’ motion for additional discovery. Finally, the court affirmed the district court’s dismissal of the wrongful death claim, concluding that the district court properly determined that plaintiffs’ wrongful death claims are time-barred.