“Asbestos litigation continues to create problems for businesses, and West Virginia is the epicenter,” a recent report asserts. “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.”
That serious issue may still be trending upward, and West Virginia may still be the epicenter of the phenomenon, but those unfortunate facts could change soon, now that Gov. Jim Justice has signed House Bill 2495. The new law, which takes effect this summer, will require plaintiffs in asbestos cases to file sworn information forms that specify the evidentiary basis for each claim, accompanied by supporting documentation.
“The new law should help stop over-naming in West Virginia asbestos cases where plaintiffs’ counsel ‘sue first and discover facts later,’” predicts asbestos litigation expert Mark Behrens.
“The passage of HB 2495 ensures there is an evidentiary basis for the claims against each named asbestos defendant. It will cut down on wasted defense costs, facilitate settlements, and focus judicial resources on claims with evidentiary support.”
Gov. Justice and our state legislators deserve credit for addressing this abuse by making the standards for claims more rigorous. West Virginia companies should not have to worry about defending themselves against meritless lawsuits (or protesting their wrongful inclusion in suits that do have merit), and West Virginia citizens should not have to worry about losing out on the products, services, and economic opportunities formerly provided by companies bankrupted by such suits.
Nor should our courts be clogged with them or our judges frustrated by their inability to process them all.
West Virginia is a terrific state, with abundant resources and a resourceful population, but we’ve got to stop letting ourselves be hog-tied by the results of predatory litigation. Think how prosperous we might be if we stood up for our rights and the rights of the business owners who serve us!
HB 2495 is just the latest of many recent steps in the right direction. Let’s keep going.