Asbestos Lawsuits Allowed to Proceed in North Carolina

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News Summary

A recent ruling by the North Carolina Court of Appeals has revived the legal battle for over 150 individuals exposed to asbestos at a former tire manufacturing facility in Charlotte. The court overturned a previous dismissal, allowing 13 lawsuits to proceed. This decision has reignited hopes among plaintiffs, who have faced corporate maneuvering and lengthy legal processes in pursuit of justice for their asbestos-related health issues.

New Hope for Asbestos Victims: Court Ruling Allows 13 Lawsuits to Proceed

On September 3, 2025, a significant ruling by the North Carolina Court of Appeals has breathed new life into the ongoing battle against asbestos exposure connected to a former tire manufacturing facility in Charlotte. The court’s decision to allow 13 lawsuits to move forward marks a pivotal moment for more than 150 individuals who have alleged that their health has been severely compromised by exposure to harmful asbestos fibers during their time at the factory.

Appeals Court Overturns Previous Dismissal

The Appeals Court’s 2-1 ruling overturned an earlier decision made by the North Carolina Industrial Commission that dismissed all related cases, reasoning that they were barred due to prior “bellwether” cases. This appeal outcome stands out as a triumph for the plaintiffs who felt unjustly sidelined by the earlier ruling. The court’s majority opinion leaned heavily on precedents set in cases such as Funderburk v. Continental Tire, intertwined with tragic stories of individuals like Debra Gail Funderburk. Her long-term pursuit of justice for her husband, diagnosed with lung cancer after working at the facility, exemplifies the personal toll these cases take on victims’ families.

The History of Asbestos at the Facility

The tire manufacturing facility, active from the 1960s until its closure in 2006, is at the heart of this complex case. In 2008, a wave of over 150 former employees stepped forward, filing workers’ compensation claims alleging asbestos-related diseases attributable to their exposure at the factory. The ensuing legal drama saw claimants banding together under unified representation, ultimately leading to a series of bellwether cases tested in the courtroom.

Hostile Reception for Plaintiffs

In 2010, six representative bellwether cases were put to trial, but the outcomes were disappointing for the plaintiffs. Following these adverse results, the defendant swiftly moved to dismiss claims from the remaining plaintiffs, resulting in a dramatic reduction in active lawsuits. The recent Appeals Court ruling allows one of the few remaining cases to breathe again, reigniting hope for those who criticized the previous dismissal as wrongly assessed.

Complex Legal Landscape

The ruling thrusts the spotlight back onto the practices around asbestos-related lawsuits in North Carolina. In many instances, corporations have taken to maneuvering through legal loopholes to evade accountability, notably through strategies like the Texas Two-Step. Companies such as Georgia-Pacific, Trane Technologies, and CertainTeed have utilized this tactic, seeking refuge in bankruptcy courts to dodge lawsuits from victims of asbestos exposure.

Corporate Maneuvering vs. Victims’ Rights

This controversial maneuver allows companies to relocate their charters to Texas, split their operations, and assign liabilities to one half, effectively shielding assets and limiting corporate responsibility. As over 80 lawsuits across North Carolina stall due to this legal shuffling, critics—including state attorneys general and bipartisan U.S. senators—argue that such strategies undermine the integrity of the judicial system aimed at enforcing corporate accountability.

Judicial Concerns and Long Waits for Justice

In Charlotte’s bankruptcy courts, the approval of prolonged bankruptcy claims highlights a troubling trend. Judges have pointed to precedents favoring corporate claims, raising concerns that the judicial process is unduly facilitating companies in their evasive strategies. As claimants await resolution, the years drag on, prolonging suffering for individuals who seek justice and financial compensation.

Future Pathways and Legal Hurdles

As the legal battles unfold, questions loom over the constitutionality and ethical implications of the Texas Two-Step maneuver, with higher courts—including the Fourth Circuit and potentially the U.S. Supreme Court—preparing to weigh in on its legitimacy. Currently, verdicts in ongoing bankruptcy cases remain pending, casting uncertainty over whether current funding agreements for claims will be effective, and leaving many families lingering in a state of distress.

The ripple effect of this recent ruling not only reinvigorates efforts to address past grievances but also shines a light on the broader implications of corporate maneuvering in the face of severe health repercussions connected to their products. As the court battles continue, the victims of asbestos exposure and their families eagerly await the justice they have sought for so long.