New Study: Over-Naming Is A Major Problem In W.Va. Asbestos Cases

A new report has dubbed West Virginia the epicenter for the over-naming of defendants in asbestos litigation according to a report in the West Virginia Record. with one recent case having 210 defendants.

The study, released last week by the Mississippi law firm of Gay Jones & Kuhn, says there is an increasing trend of plaintiffs attorneys who “sue first and discover facts later.”

“Asbestos litigation continues to create problems for businesses and West Virginia is the epicenter,” attorney Mary Margaret Gay writes in the report. “Over-naming of defendants in asbestos litigation, who have little or no known liability for asbestos-related products, is a serious issue and it is trending upward for companies.”

The report echoes complaints made last year by Circuit Judge Ronald E. Wilson, who said that some lawyers are abusing West Virginia’s liberal civil procedures by filing cases they know lack evidence and hoping businesses will settle cases to avoid legal costs.

Asbestos litigation abuse also was listed as one of the reasons West Virginia remains on the annual Judicial Hellholes report.