Legal

Alabama

Owens-Corning Fiberglas Corp. v. Gant, 662 So.2d 255 (Ala. 1995)
The Alabama Supreme Court affirmed a jury verdict in favor of Alabama construction workers who developed asbestos-related diseases. The court held that the jury was properly allowed to determine whether plaintiffs were exposed to defendant Owens Corning’s asbestos-containing products and that consolidation of the cases for one trial was appropriate.

Pace v. Armstrong World Industries, Inc., 578 So.2d 281 (Ala. 1991)
The Alabama Supreme Court agreed with Baron & Budd that the family members of persons who died of asbestos-related disease could collect “wrongful death” damages even though the victim’s own claims would have been barred by Alabama’s restrictive statute of limitations.

Ridling v. Armstrong World Industries, Inc., et al., 627 F.Supp. 1057 (S.D. Ala. 1986)
The Federal District Court for the Southern District of Alabama ruled that the Texas statute of limitations applied to an asbestos lawsuit filed by an Alabama resident in Texas and whose case was subsequently transferred to an Alabama court. The plaintiff’s case would have been dismissed if the restrictive Alabama statute of limitations were applied.

Results depend on the facts of each case.

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