Elementis Appeal Didn’t Bar Wrongful Death Verdict

Oct. 9, 2018, 4:48 PM UTC

Elementis Chemicals failed to shake an asbestos wrongful death jury verdict handed down while the company was appealing the underlying personal injury verdict.

An automatic stay triggered by the appeal of first verdict didn’t void the second one, a California appeals court said.

The amended complaint “did not implicate” the earlier judgment, the court said.

The company, by failing to object until after the wrongful death verdict, also waived its argument that allowing the claims was in error, the court said.

Elementis is the successor of a company that distributed asbestos used to make joint compounds.

Marty Marteney worked for ...

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