Pleadings Challenge Archives

Category: Pleadings Challenge

June 26, 2015 • Case Decisions, Pleadings Challenge

Court Denies Plaintiff’s Motion to Amend Complaint to Reflect Only Remaining Parties

In this federal court case, the plaintiff alleged exposure to asbestos while serving in the Navy from 1957 to 1960 aboard the USS Jonas Ingram and the USS Clarence Bronson, as well as from “other sites of asbestos exposure from approximately 1956 to 1970.” In November 2013, eight defendants moved for summary judgment, and the plaintiff … Continued

March 6, 2015 • Case Decisions, Illinois, Missouri, Pleadings Challenge

Challenges to Sufficiency of Asbestos Plaintiffs’ Pleadings Continue in Illinois and Missouri Federal Courts

In two decisions issued Thursday out of the Eastern District of Missouri and the Southern District of Illinois, the courts reached different conclusions as to whether the respective plaintiffs sufficiently pleaded causes of action against the defendants under Federal Rule of Civil Procedure 12(b)(6). In Campbell v. ABB Inc., the defendant Raypack moved to dismiss the … Continued

March 5, 2015 • California, Case Decisions, Pleadings Challenge

Plaintiffs’ Complaint Dismissed for Failure to Plead Circumstances of Asbestos Exposure That Justify Defendants’ Potential Liability

In this California federal court case, plaintiffs Billy and Diana Jeffrey commenced an action generally claiming Mr. Jeffrey had asbestos exposure at numerous worksites spanning from 1962 to 1976. Several defendants moved to dismiss the complaint for failure to state a cause of action on the grounds that the plaintiffs’ complaint merely listed jobsites and … Continued