News & Updates
Missouri Federal Court - Boggs v. American Optical, E. D. Mo. (Jan. 22, 2015) January 26, 2015
Defendants are beginning to get traction with challenges to template general shotgun allegations in complaints brought by asbestos plaintiffs. Dismissing the complaint for failure to state a cause of action, the Court stated: "The complaint provides no details about which defendants caused Boggs's exposure in what years, in what locations, or through which products. Rather, the complaint suggests that every defendant caused Boggs's asbestos exposure by selling every product, in every location, over a twenty-seven year period. . . . Based on the few facts alleged in the complaint, it is not plausible that all thirty-two defendants caused Boggs to be exposed to asbestos from two dozen kinds of products over a twenty-seven year period and in five different geographical locations."
Click here for a copy of this decision.
If you have questions about how this case may impact your business, please contact:
- Joseph J. Welter (716.566.5457; firstname.lastname@example.org)
- Jason A. Botticelli (716.566.5460; email@example.com)
- Or another member of Goldberg Segalla’s Toxic Torts Practice Groups