A group of 213 shipping companies have filed a motion to dismiss asbestos multidistrict litigation originally filed by a group of merchant marines in 1989, who were allegedly exposed to asbestos without their knowledge or consent.

The various companies, which are located in different states, have submitted a motion to dismiss this asbestos MDL because they argue they were improperly joined outside of the proper jurisdictions. The merchant marines represented in this asbestos lung cancer lawsuit argue that the accused shipping companies waived their right to personal jurisdiction in 1989.

According to the asbestos products liability MDL:

“Judge Lambros heard the same arguments for dismissal for lack of personal jurisdiction in 1989 and rejected them. These arguments have grown only more stale and unavailing since that time. Although Defendants sought to have some of these very same MARDOC cases dismissed, Judge Lambros determined that transfer would serve justice better. Instead of allowing the cases to be transferred, however, Shipowner Defendants waived their personal jurisdiction defenses and consented to the prosecution of the cases in the Northern District of Ohio.”

The plaintiffs also argue that if the court were now to rule that the companies had not, in fact, waived their personal jurisdiction, then per a previous ruling by Judge Lambros, dismissing these federal asbestos cases would not be the proper course of action. Rather, transfer of the case to another state’s federal court would be more appropriate.

The court has not yet ruled on the motion.

The Asbestos Lung Cancer MDL is In re: Asbestos Products Liability Litigation (No. VI), Case No. 2:02-md-00875, in the U.S. District Court for the Eastern District of Pennsylvania.

Asbestos Lung Cancer

Asbestos is a naturally-occurring mineral that was used as cheap building material throughout the late 19th century and through the end of the 20th century after several research studies demonstrated the dangers of human exposure to asbestos. Beginning in 1935, scientists were exploring the link between asbestos exposure and an individual’s risk of developing lung cancer, pushing the medical community to further research the alleged threats to workers exposed to asbestos.

Throughout the next several decades, medical studies confirmed that individuals exposed to asbestos fibers on a daily basis had a markedly higher risk of developing asbestos lung cancer. In light of the overwhelming medical evidence, the United States and other countries labeled asbestos as a human carcinogen and have since limited its presence in construction and other uses.

Unlike other cancers that can stem from genetics and other causes, asbestos lung cancer develops solely from long term exposure to asbestos fibers. If an individual inhales asbestos particles, the carcinogenic fibers can become lodged in the lung lining and spread from there. According to the Asbestos Lung Cancer website, supported by the Mesothelioma Center, 4,800 individual cases of asbestos lung cancer are diagnosed every year.

Occupational Exposure to Asbestos

Many individuals, especially those working in certain trades, have a higher chance of being exposed to asbestos without their knowledge. These occupations include:

• Auto mechanics
• Shipyards workers
• Paper mill workers
• Construction workers
• Textile workers
• Insulation installers
• Sheet metal workers
• Roofers
• Toll collectors
• Tilers
• Linotype technicians
• Plumbers

In these occupations, workers may have been exposed to asbestos for long periods of time in small, enclosed spaces with little or no protective gear. Because of this, many  employees who have were exposed to asbestos on the job have filed asbestos lung cancer class action lawsuits.

U.S. military veterans are considered a high-risk group for developing asbestos lung cancer after decades-long exposure to asbestos in ships, submarines, tanks, planes, and barracks. Additionally, after the completion of their military service, these same veterans were qualified to work in some of the trades listed above, which exposed them to more asbestos.