The Industrial Fee in the end discovered that the frequent proof introduced within the bellwether instances was inadequate to determine that workers had been uncovered to asbestos in a way more likely to trigger asbestosis or associated situations. This discovering was affirmed by the Court docket of Appeals in a earlier resolution, Hinson v. Continental Tires the Americas. Following that ruling, Continental Tires moved to dismiss the remaining claims, arguing that the prior choices ought to preclude additional litigation underneath the doctrines of collateral estoppel and “legislation of the case.” Many plaintiffs voluntarily dismissed their claims, however Huffstetler and a small group of others continued to pursue theirs.
