Asbestos, Mesothelioma, CSX & Phillips

lung scan possible asbestosis, lung cancer or mesothelioma

Asbestos, Mesothelioma, CSX & Phillips:  A case in the United States District Court, N.D. West Virginia ruled on a motion to dismiss.

The Asbestos, Mesothelioma, CSX & Phillips case is about a former CSX Transportation worker that settled a previous claim with CSX but is now faced with a Declaratory Judgment filed by CSX related to an asbestos related lung cancer claim (diagnosed in 2013).

A brief summary of the Asbestos, Mesothelioma, CSX & Phillips case includes:

  1. The plaintiff in this civil action, CSX Transportation, Inc. asserts a claim for declaratory relief.
  2. In 2001, the defendant, Robert L. Phillips filed an action against CSX for asbestos-related injury, which ultimately settled in 2003.
  3. In September 2015, Phillips filed a second civil action in state court for compensatory damages due to lung cancer, which he claims is asbestos related.
  4. Under the 2003 settlement agreement, however, Phillips allegedly released CSX for future claims involving cancer, asbestos, and other medical issues.
  5. In particular, the release stated that Phillips released CSX from “all liability for all claims or actions for all known and unknown . . . diseases and/or injuries including . . . all forms of cancer . . . arising in any manner whatsoever, either directly or indirectly, in whole or in part, out of exposure to any and all toxic substances, including asbestos[.]”
  6. The settlement agreement also states that Phillips released CSX from all claims which “might form the basis of any action under the Federal Employers’ Liability Act (FELA)
  7. The Court ruled: motion to dismiss is GRANTED
  8. For more on the case, please follow this link: 1:15CV-192 – December 29, 2015.

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