ST. LOUIS — U.S. District Judge Henry Autrey has rejected an asbestos claimant's request for reconsideration of an earlier decision that dismissed 14 companies on lack of personal jurisdiction grounds.
The suit originally brought by Willie Everett of Missouri, who is now deceased, claims he was exposed to and inhaled, ingested or otherwise absorbed asbestos fibers or asbestiform fibers emanating from certain products he was working with and around which were manufactured, sold, distributed or installed by defendants.
The case originated in St. Louis City Circuit Court and was later removed to the U.S. District Court for the Eastern District of Missouri in St. Louis.
According to the Jan. 11 ruling, Everett's estate wanted Autrey to reconsider his June 27 order dismissing the defendants based on the landmark ruling in Bristol-Myers Squibb v. Superior Court of California that was reached on June 19.
"As Defendants point out, the Bristol-Myers decision was rendered before this Court’s Opinion," Autrey wrote. "Plaintiff argues that it was decided after the parties had briefed the personal jurisdiction issues for the Court. This explanation is clearly an attempt to avoid Rule 59(e)’s prohibition against raising arguments that could have been raised prior to the decision. Indeed, Plaintiffs have not been shy when it comes to seeking leave to supplement, present new authority on pending issues and obtaining extensions before the Court. Plaintiffs’ valiant attempt, however fails to overcome the obvious Rule 59(e) obstacle prohibiting raising argument that could have been raised prior to the decision.
“Furthermore, even assuming the Court considered Plaintiff’s reasoning regarding a new issue of law, the Bristol-Myers decision does not mandate reconsideration.”
Autrey dismissed defendants Foster Wheeler Energy Corp., John Crane Inc., Warren Pumps LLC, Honeywell International Inc., General Electric Co., Carrier Corp., Greene Tweed & Co. Inc., CBS Corp., Georgia Pacific LLC, Ingersoll-Rand Co., Flowserve Corp., Trane U.S. Inc., Gardner Denver Inc. and Eaton Corp.