In an effort to halt asbestos fraud, Utah Governor Gary Herbert signed into law a bill to prevent plaintiffs’ lawyers from, on behalf of a single client, seeking money from multiple asbestos trusts while additionally bringing a lawsuit. As stated by Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform, this law “will ensure that companies and bankruptcy trusts both pay their fair share of recoveries to claimants. It will also help Utah manufacturing companies and protect jobs by ensuring that no more…
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Utah
Wrongful Death Damages Limited, Riggs v. Georgia-Pacific, LLC Supreme Court of Utah February 2, 2015
The Supreme Court of Utah ruled that a recovery by an asbestos plaintiff in a personal injury lawsuit does not bar a subsequent wrongful death claim brought by his heirs, but there cannot be any double recovery. The plaintiff, who had peritoneal mesothelioma, went to trial against Georgia-Pacific and Union Carbide and was awarded a substantial recovery. Following his death, the plaintiff’s heirs brought a wrongful death and survival claim against Georgia-Pacific, Union Carbide, and others seeking recovery under Utah’s wrongful death statute, which specifically…
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