CSX wants to talk to former asbestos plaintiffs for fraud case
John O'Brien May. 12, 2011, 2:45am
WHEELING -- A company that has filed a fraud lawsuit against an asbestos law firm says it has the right to speak with the firm's former clients.
CSX Transportation says the Pittsburgh firm Peirce, Raimond and Coulter has no asbestosis claims remaining against it in West Virginia and that the attorney-client privileges between the firm and its clients are no longer active. CSX claims the Peirce firm conspired with radiologist Ray Harron to fabricate asbestos claims.
In April, the Peirce firm asked U.S. District Judge Frederick Stamp to prohibit contact between CSX and its former clients, as well as obtain a list of those already contacted.
"Although vigorously argued, the Lawyer Defendants' position is legally and factually incorrect," attorneys for CSX wrote Friday.
"The Lawyer Defendants ignore that, on its face, Rule 4.2 of the West Virginia Rules of Professional Conduct only applies when the person with whom the lawyer seeks to communicate is currently represented by counsel."
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