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FINCH v. COVIL CORP.

No. 19-1594.

972 F.3d 507 (2020)

Ann FINCH, Individually and as Executrix of the Estate of Franklin Delenor Finch, Plaintiff-Appellee, v. COVIL CORPORATION, Defendant-Appellant, and BASF Catalysts LLC, Sued individually and as successor-in-interest to Engelhard, Pita Realty LTD., and Eastern Magnesia Talc Co.; Daniel International Corporation, f/k/a Daniel Construction Company, Inc.; Fluor Constructors International, f/k/a Fluor Corporation; Fluor Constructors International, Inc.; Fluor Daniel Services Corporation; Fluor Enterprises, Inc.; Foster Wheeler Energy Corporation; McNeil (Ohio) Corporation, Inc.; McNeil & NRM, Inc.; Metropolitan Life Insurance Company; Pfizer, Inc.; Crane Company; CBS Corporation, (a DE Corp) f/k/a Viacom Inc. (a PA Corp) (sued as successor-by-merger to CBS Corporation f/k/a Westinghouse Electric Corporation) and also as successor-in-interest to BF sturtevant; Flowserve Corporation; FMC Corporation, individually and as successor in interest to Stearns Brakes; SWS Silicones Corporation; Wacker Chemical Corporation; Red Seal Electric Company; Rexnord Industries, LLC, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: August 24, 2020.

Attorney(s) appearing for the Case

ARGUED: Allen Mattison Bogan , NELSON MULLINS RILEY & SCARBOROUGH LLP, Columbia, South Carolina, for Appellant. Lisa White Shirley , DEAN OMAR BRANHAM SHIRLEY, LLP, Dallas, Texas, for Appellee. ON BRIEF: C. Mitchell Brown , Blake T. Williams , NELSON MULLINS RILEY & SCARBOROUGH LLP, Columbia, South Carolina; Elbert Lin , HUNTON ANDREWS KURTH LLP, Richmond, Virginia; Leslie C. Packer , Raleigh, North Carolina, Curtis J. Shipley , ELLIS & WINTERS LLP, Greensboro, North Carolina, for Appellant. William M. Graham , WALLACE AND GRAHAM, P.A., Salisbury, North Carolina, for Appellee.

Affirmed by published opinion. Judge Motz wrote the opinion, in which Judge Diaz and Judge Cogburn joined.

On behalf of herself and the estate of her late husband, Ann Finch brought this wrongful death action against multiple defendants, contending they manufactured, installed, or supplied asbestos-containing products that caused his mesothelioma and resulting death. The jury found Covil Corporation, the only defendant...

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