W.Va. Governor Signs Legislation To Prevent OverNaming In Asbestos Cases

Last week, Gov. Jim Justice signed legislation making changes to how asbestos lawsuits are filed, according to a report in Legal Newsline.

“Over-naming” involves plaintiffs’ lawyers naming companies as defendants then often dismissing the claims against companies with no liability after months or years of litigation. This practice drives up litigation costs, contributes to corporate bankruptcies, and slows resolution of cases, delaying recoveries for plaintiffs.

House Bill 2495 would curb this practice by requiring plaintiffs in asbestos cases to file a sworn information form that specifies the evidentiary basis for each claim, and provide supporting documentation.

ILR issued a letter of support urging Gov. Justice to sign the legislation. To read the full letter click here.