LOS ANGELES – A California court of appeals denied a lower-court’s motion, thus allowing service of a personal-injury lawsuit asbestos-related filed last fall against Akebono Brake Industry Co. Ltd. and its wholly owned subsidiary Akebono Brake Corp.
Akebono had argued the lawsuit could not be served on the Japanese-based firm in California, but would have to be filed through the Hague Convention. In October, a California Superior Court upheld Akebono’s motion. The latest action by the appellate court vacates that motion, allowing the suit to go forward (pending further appeals).
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George and Christina Sweikhart filed the lawsuit (George Sweikhart, et al. v. Akebono Brake Industry Company LTD., No. B305065, Calif. App., 2nd Dist.) claiming George had contracted mesothelioma as a result of exposure to asbestos.