Union Carbide Can't Escape Asbestos Wrongful Death Suit

Law360, New York (June 29, 2012, 3:56 PM EDT) -- A Texas appeals court on Thursday kept alive a wrongful death suit against Union Carbide Corp. over alleged asbestos exposure, finding that a state law requiring the submission of a lung functioning test in order to pursue asbestos-related injury claims cannot be applied.

In an en banc ruling affirming the decision of the Texas Asbestos Multidistrict Litigation pretrial court, the state's First District Court of Appeals refused to dismiss a suit brought by the estate of Joseph Emmite Sr., who was allegedly exposed to asbestos while...
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