Asbestos Cases Remanded: First time that the court has upheld punitive damages and remanded claims in MDL 875

On Nov. 24, 2014, Judge Eduardo C. Robreno, who is presiding over the asbestos litigation, MDL 875, MARDOC or In re Asbestos Products Liability Litigation issued a suggestion of remand, sending approximately 200 cases back to the Northern District of Ohio, allowing these asbestos plaintiffs the opportunity to pursue their claims. This is the first time punitive damages have been remanded in MDL 875.

Motley Rice LLC attorneys represent plaintiffs in these cases with co-counsel The Jaques Admiralty Law Firm, P.C. Judge Robreno was appointed to oversee the MDL in November 2008, until then the entire litigation sat idle for the most part since it was moved to Philadelphia in 1991.  

“Today’s order is significant for many reasons. It is groundbreaking in that it is the first time in the history of this multidistrict litigation that punitive damages have been upheld and remanded, along with the cases, to the transferor court,” stated Motley Rice asbestos attorney John Herrick. “Judge Robreno’s decision today will finally allow many of our clients, long-suffering asbestos victims, the opportunity to pursue the full measure of justice through their day in Court and before a jury of their peers, in order to seek compensation for the injuries, death and destruction caused by their exposures to asbestos. We hope all the remaining cases will follow.” 

Read the full suggestion of remand and memorandum.

In re Asbestos Products Liability Litigation involves personal injury claims related to asbestos products. The MDL currently includes approximately 3,000 cases. Since its creation, the MDL has included more than 100,000 cases and up to ten million claims, including land-based and maritime claims. 

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