The U.S. Court of Appeals, Fifth Circuit, has upheld a lower court’s decision to dismiss with prejudice a man’s suit against Keystone RV Co. relating to travel trailers provided for hurricane victims in 2005, according to www.leagle.com.
Raymond Bell III was one of thousands of plaintiffs who filed suit against Keystone and other RV builders, claiming the units provided through the Federal Emergency Management Agency (FEMA) contained toxic levels of formaldehyde.
The “FEMA Trailer Formaldehyde Products Liability Litigation” has engulfed the RV industry for several years, but to date no RV maker has been found guilty of building or providing harmful products.
Bell sued Keystone, Shaw Environmental Inc. and FEMA.
Bell challenged the dismissal with prejudice of his case following the district court’s denial of his requests either to substitute a new “bellwether” 1 plaintiff or to continue the scheduled trial date.
The court’s actions were taken in the course of its management of thousands of similar consolidated suits for allegedly injurious formaldehyde exposure in FEMA trailers following Hurricanes Katrina and Rita.
“After reviewing all the factors that affected the district court’s decisions, we find no abuse of discretion and affirm,” the federal court announced on Tuesday (Dec. 14).