Judge Denies U.S. Steel’s Request to Move Mesothelioma Case from New York Courts
When 84-year-old Navy veteran Gerald Wagner was diagnosed with malignant mesothelioma, it wasn’t hard for him to figure out how he’d gotten the disease. Not only had he been exposed to asbestos when he’d served in the U.S. Navy, but he’d also followed his service with years onboard an asbestos-contaminated freighter. When he named U.S. Steel Corporation as a defendant in his New York-based lawsuit, the company objected. They argued that another court would be more convenient and asked that the New York case be dismissed. The judge hearing the case denied their motion.
Navy Veteran’s Mesothelioma Blamed on Asbestos Exposure in New York
In his claim, the mesothelioma victim detailed multiple exposures to asbestos traceable to U.S. Steel, including during his career in the Navy from 1954 to 1957, his work abord a U.S. Steel freighter in 1959, and his work at Michigan Limestone, a subsidiary of U.S. Steel.
U.S. Steel Corporation filed a motion to dismiss the mesothelioma claim against them based on a legal principle called forum non conveniens. As it sounds, this is essentially an argument that the forum where the case was filed was not as appropriate as another court would be. U.S. Steel claimed that Michigan would be better suited for the case, arguing that there was no nexus between Mr. Wagner and New York and that New York would be an inconvenient forum.
Mesothelioma Lawsuit to Remain in New York
In denying U.S. Steel’s motion to dismiss the mesothelioma case from New York’s courts, Justice Adam Silvera said that “it is clear that there is a nexus between the Plaintiff’s claim and New York,” and that U.S. Steel had conceded that he had been exposed to asbestos in New York during several periods, including while working in New York for U.S. Steel. He concluded that the company had failed to establish an undue hardship for the case to be heard in New York and allowed the case to move forward in the current venue.
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