National Public Radio recently ran a story discussing a court ruling (In re Garlock Sealing Technologies) issued earlier this year in which the judge found a “startling pattern of misrepresentation” and extensive abuse by plaintiffs’ attorneys in asbestos cases. Specifically, the judge uncovered plaintiffs’ attorneys withholding evidence in asbestos lawsuits which resulted in “unfairly inflating recoveries.”
Harold Kim, Executive Vice President of the U.S. Chamber Institute for Legal Reform, who is interviewed in the story, explained that the court decision played a key role in helping pass the asbestos transparency law (2013 Wisconsin Act 154) in Wisconsin.
According to Kim, “After the Garlock decision came out, it really helped build momentum for the Wisconsin law that was passed and signed in the spring of this year.”
The NPR story noted that Wisconsin’s “law requires asbestos plaintiffs to disclose if they’ve filed claims with bankrupt companies,” and that a similar law has been introduced in Congress.
Former Delaware judge, Peggy Ableman, was also interviewed. Judge Ableman testified on AB 19/SB 13 before the Wisconsin Senate Judiciary Committee to provide her first-hand experience with shenanigans she witnessed in asbestos lawsuits in her court. According to Judge Ableman, the court order should be “required reading for judges overseeing asbestos cases.”
Wisconsin became the third state in the nation to pass such a law, following Ohio and Oklahoma. Click here to learn more about Wisconsin’s asbestos transparency law.