Tag Archives: Asbestos Lawyer

WSJ Blames Mesothelioma Lawyers For Donating To Mesothelioma Research

As I’ve mentioned before, due to the ubiquitous presence of asbestos in certain industries all the way until the 1990s, we could see 60,000 or more new mesothelioma cases filed over the next few decades, and it seems there are still many big questions to answer through litigation. We should be talking about ways to streamline that process and, more than that, looking for ways to cure or to prevent mesothelioma.   Yet, when insurance companies and negligent corporations want to avoid responsibility for hurting someone, they try to change the subject by pointing the finger at the trial lawyers. ... Continue Reading

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WSJ Clueless About Philadelphia Mass Torts Lawsuits

Just in time for Mesothelioma Awareness Day (which is tomorrow), yesterday the Wall Street Journal recycled the same canned attack on the Philadelphia Complex Litigation Center that the Chamber of Commerce and other special interests have been pushing for some time. (See here and here for more about the attacks on Philadelphia’s courts.)   Ashby Jones at the Wall Street Journal retreads over Judge Pamela Dembe’s remarks about out-of-state plaintiffs from early 2009, taking the Chamber of Commerce’s bait hook, line and sinker: When the Philadelphia court system faced budget cuts in early 2009, an influential judge there invited plaintiffs ... Continue Reading

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Betz v. Pneumo Abex: Not Every Asbestos Exposure Is “Substantial”

Last week the Pennsylvania Supreme Court decided Betz v. Pneumo Abex et al. (opinion here), a 'friction products' — i.e., brake pads — asbestos exposure case, ruling against the plaintiff. I had previously discussed the case briefly here. Drug and Device Law has already covered the opinion, as has Nathan A. Schachtman, and I (naturally) disagree with much of what they conclude. A month ago I wrote about the difference between scientific evidence and the scientific method, and the Betz case is a great example of many of the issues — some legal, some political — that arise when science is brought into a civil case. ... Continue Reading

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Chamber of Commerce Swings And Misses At Plaintiffs’ Lawyer Advertising

Just when I was going to write a substantive post about a recent New Jersey Supreme Court opinion, the leading propagandist for the Fortune 500, the U.S. Chamber of Commerce, came in and released a new report about online advertising by trial lawyers. Tort reform and lawyer marketing in one article? I can't miss that. (An aside: don't kid yourself that the U.S. Chamber of Commerce cares the slightest bit about small business. The Chamber is the most anti-free-market lobbying group in the country, an organization dedicated to ensuring the biggest corporations in the country stay that way, squashing small ... Continue Reading

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The Future Of Asbestos Litigation And The 60,000 Mesothelioma Patients Yet To Be Diagnosed

One of my main purposes of writing this blog is to dispel the myths that surround trial lawyers and personal injury law.  There's a myth, for example, that every time some sort of chemical exposure or defective product might be more dangerous than suspected, trial lawyers fabricate tens of thousands of fraudulent claims and then extract millions of dollars from poor, helpless corporations that somehow cannot defend themselves. Consider this silliness from a law professor invited to speak before Congress: When in the distant future, we look back at asbestos litigation, we will surely include it among the great scandals in our ... Continue Reading

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The Asbestos Settlement Fraud That Wasn’t There

[Update, December 2012: Daniel Fisher at Forbes links to this post in his article about a new bill pending in Ohio that would require asbestos trust claimants to disclose payments made by other trust. I give him credit for linking to my criticism (and, correspondingly, I'm linking back to his), though I continue to believe claims of widespread asbestos trust fraud are overblown, for the same reasons argued below.] Asbestos use in a wide variety of products, and all new products, has been banned for more twenty years, and yet asbestos litigation continues to be a multi-billion dollar business because ... Continue Reading

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Why CSX Railroad Sued Successful Asbestos Lawyers For Racketeering

As Rich Lord reported at the Pittsburgh Post-Gazette: The quarry has turned on the hunter in a West Virginia courtroom, and now one of the nation's biggest transportation companies is locked in a bitter fight with one of Pittsburgh's most prominent trial law firms. After years of feeling like they were being railroaded by asbestosis lawsuits, lawyers for CSX Transportation in 2005 sued Robert Peirce & Associates, accusing it of fraud and negligence in the massive cases it brought. The Jacksonville-based corporation lost a 2009 trial, but in court filings in recent weeks it detailed a new theory -- that ... Continue Reading

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