Company ‘not likely to succeed on merits of its appeal’ court rules
LOS ANGELES—A man diagnosed with work-related asbestos mesothelioma won a significant victory in his case against the Lorillard Tobacco Co. when the judge ruled the case should not be stayed while Lorillard appealed the matter to the 9th Circuit.
Finding Lorillard “has failed to establish that it is entitled to a stay of all state court proceedings,” and that it is “not likely to succeed on the merits of its appeal,” U.S. Judge George H. King denied the company’s motion on Aug. 21.
Dimitris O. Couscouris sued nine defendants, including Lorillard, for damages in California state court in December 2011. He is asserting claims of negligence, strict liability and loss of consortium.
• Dimitris O. Couscouris, et al. v. Hatch Grinding Wheels, Inc., et al., No. CV 12-6158-GHK, June 14, 2012
• Dimitris O. Couscouris, et al. v. Hatch Grinding Wheels, Inc., et al., No. CV 12-6158-GHK, August 1, 2012
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