fbpx
News
February 11, 2014

What’s Next After Garlock?

An aggressive fight from a defendant that suspected improprieties by plaintiffs could have big implications for future cases, Law 360 reports. As we’ve mentioned before, Garlock became the first defendant to successfully access the bankruptcy trust records.

In a carefully worded opinion, the judge predicted that “it appears certain that more extensive discovery would show more extensive abuse.”

It appears that other judges have taken notice. Three weeks after the Garlock decision, the Rhode Island Superior Court allowed discovery of claim forms that a plaintiff submitted to multiple trusts. While the court didn’t specify whether the forms would be admissible at trial, the defendant says they could help “impeach” the plaintiff’s credibility if the allegations are inconsistent.

“The Garlock decision is an incredibly powerful indictment of the plaintiffs bar about the way they’ve been pursuing these cases,” ILR president Lisa Rickard told Law 360. “We’re hopeful that other members of the judiciary will follow Judge Hodges’ example in exposing fraud and abuse in the asbestos compensation system, and that Congress will take action as a result.”

Arizona skyline Blog Arizona Governor Signs Law to Prevent Over-naming in Asbestos Lawsuits Asbestos Blog West Virginia Wants to Pay Jurors More---That’s a Good Thing Asbestos, Other Issues News California Asbestos Verdict Reversed; Wrong State's Laws Were Used Asbestos News In The News-June 11, 2021 Asbestos News NYC Asbestos Suits Packed with Blameless Defendants Asbestos

Cookie Notice

By clicking “I Accept”, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts.

Cookie Notice

By clicking “I Accept”, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. Review Settings