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A federal judge has dismissed an asbestos mesothelioma class action lawsuit filed by a couple in Hawaii, saying that Indonesia would be a better forum for them to file their asbestos lawsuit.
James R.S. Herbert and his wife filed the complaint, arguing that Fisher Scientific Company, as the successor to an older equipment maker, had caused his asbestos exposure from 1979 to 2002 based on its sale of products to an American school located overseas. He was reportedly diagnosed with mesothelioma in July 2012.
However, Judge Derrick K. Watson of the Hawaii federal court noted that while the defendants were U.S.-based companies, the better place to file the asbestos lawsuit is in Indonesia because that’s where Herbert allegedly exposed to the asbestos that lead to the mesothelioma that he was diagnosed with.
According to the asbestos lawsuit, Fisher Scientific and its predecessor Thermo Fisher knew and/or should have known of the risks associated with the fibrous material asbestos and subsequent lung cancer based on the decades of research that would have been available prior to the start of the man’s teaching in 1979. As a result, the company would allegedly be negligent by selling these products and putting them in the stream of commerce in that country.
The “doctrine of forum non conveniens” cited by Judge Watson is also occasionally noted when a case is removed to federal court. Jurisprudence indicates that most asbestos-related cases should be moved to a federal court for proper adjudication. It is also used to prevent “forum shopping” by either plaintiffs or defendants seeking advantage by filing a case in a jurisdiction friendly to one side or the other.
The mesothelioma lawsuit is James R.S. Herbert, et al. v. Fisher Scientific Company LLC, et al., Case No. 13-cv-00452, in the U.S. District Court for the District of Hawaii.
In general, asbestos mesothelioma lawsuits are filed individually by each plaintiff and are not class actions.
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