Let the Claims Begin By Robert Warne - September 23, 2002
Jury selection in a West Virginia courtroom for what has been called the “asbestos Gettysburg,” begins today after Supreme Court Chief Justice William H. Rehnquist denied two requests to delay the trial.
The mass collection of product liability claims will pit approximately 8000 people against 250 defendants. The go ahead was given for the mass combo suit by the Supreme Court of Appeals of West Virginia.
The consolidation decision is currently on appeal to the Supreme Court. Companies such as Exxon Mobil Corp. and Honeywell International had hoped a stay would be issued to postpone the case until the appeal could be considered.
Consolidation is one of the ways courts have been dealing with the increasing number of asbestos related lawsuits.
Opponents of consolidation say that it is unfair for both the defendants and to the plaintiffs. They argue that there is no way for a jury to weigh the liability of individual companies amongst a group of 250. It is also believed that huge settlements for large groups of people, many of whom are not sick at all will eventually deplete the funds that should be allocated to those who are most ill.
It is estimated that asbestos litigation has already bankrupted more than 50 companies. The West Virginia mega suit could have serious implications for future suits. Some fear that may be the shot heard around the world, the beginning of a products liability claims revolution with no clear resolution in sight.
Adjuster / Examiner Claims Examiner Santa Ana Unified School District Santa Ana, CA
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