In the world of asbestos, the predominant claim against defendants is that they should have warned against the dangers of asbestos. Typically, plaintiffs prove exposure to a product, absence of any warning (or an adequate warning) and damages. The jury verdict sheet simply reads something like, “Was defendant negligent in manufacturing, selling or supplying a product without an adequate warning” and “was that negligence a substantial factor in causing plaintiff’s injury.” Unlike all other products liability warnings cases, a plaintiff seems to be held to …Continue Reading
So, this is a perfect example of the realities of this world and how state of the art can be distorted. The World Health Organization has indicated that processed foods, such as bacon, sausage and hot dogs are in the same category as smoking and asbestos in terms of their potential to cause cancer. The news reports that have come out in the last few days barely touch upon the science and medical aspects, yet here come the sound “bites” that processed food is deadly.…Continue Reading
My friend and colleague Laura Kingsley Hong recently authored an article entitled “Controversies Regarding The Role of Asbestos Exposure in the Causation of Lung Cancer: The Need for An Evidence Based Approach,” which appeared in Mealey’s Litigation Report. Ms. Hong’s commentary ties together current medicolegal concepts that are applied in virtually every scientifically-based litigation to longstanding but evolving scientific issues in asbestos litigation. While this is a debate that needs to happen, it raises the interesting question of why now and why not before?
In …Continue Reading
Much has been made about the injustice of plaintiffs being able to game the system by potentially seeking excess recovery through a combination of claims asserted against bankruptcy trusts and in civil litigation. This has led to bankruptcy transparency legislation at the state and federal level, because defendants in asbestos litigation were being denied a full and fair opportunity to assess a plaintiff’s claim of asbestos exposure and to identify all the companies, both viable and bankrupt, that are allegedly responsible. The fundamental principles are …Continue Reading
What do you think is the single most important factor that will dictate the direction of asbestos litigation across the country, now and in the future? Intelligent minds may differ and we welcome your views. Having practiced in this area for over twenty years, for me the single most important area that will drive this litigation into the future is the science. As the nature of asbestos exposure and diseases continues to evolve after 35-plus years of litigation, the science is more interesting today than …Continue Reading