Asbestos Claim Revived By 5th Circuit In NASA Case; Discovery Questioned

Mealey's (January 14, 2022, 1:14 PM EST) -- NEW ORLEANS — Evidence that a man worked in a building where asbestos was present and that he saw men wearing “moon suits” that likely indicated remediation work creates questions regarding exposure in a survival action, and while a Fifth Circuit U.S. Court of Appeals panel said it was “loath” to wade into a discovery dispute, the limits placed on potentially “outcome determinative” discovery are sufficiently questionable to be revisited on remand, the panel said Jan. 12 in partly reversing....