Category Archives: Pleadings Challenge

Plaintiffs’ Complaint Dismissed for Failure to Plead Circumstances of Asbestos Exposure That Justify Defendants’ Potential Liability U.S. District Court, Northern District of California, March 5, 2015

In this California federal court case, plaintiffs Billy and Diana Jeffrey commenced an action generally claiming Mr. Jeffrey had asbestos exposure at numerous worksites spanning from 1962 to 1976. Several defendants moved to dismiss the complaint for failure to state a cause of action on the grounds that the plaintiffs’ complaint merely listed jobsites and dates and generally alleged that the defendants supplied, installed, or maintained asbestos-containing products where Mr. Jeffrey worked. The court granted the motions to dismiss, with leave to amend, holding: “Mr.…

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