Wrong Pleading Standard Applied In Rejecting Plaintiffs’ Lung Cancer Claims

A trial court employed an overly strict standard in denying the request of three plaintiffs alleging nonmalignant injuries from asbestos to add claims for lung cancer, the Third Circuit ruled May 11 in an unpublished opinion (In re Asbestos Prods. Liab. Litig. (No. VI), 3d Cir., 13-2087, unpublished opinion 5/11/15).

Under Illinois law, the court said, the plaintiffs were required to plead their lung cancer claims separately from their nonmalignancy claims, the U.S. Court of Appeals for the Third Circuit said.

But the trial court erred by applying Fed. R. Civ. P. 16(b)(4) to deny the plaintiffs’ ...