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Thursday, April 23rd, 2009
“Judge Refuses to Table Asbestos Suits“
May 10, 2004
A Texas adjudicator denied requests from companies getting sued for asbestos contagion that he actualize a abstracted calendar to accord carefully with cases involving ill plaintiffs. State District Adjudicator Mark Davidson abreast the added than 100 attorneys who abounding his attorneys that creating a calendar for the “unimpaired” would be a abuse of the Texas Constitution.
“At some point in the future, the amount of cases filed which could authorize for appointment to an hale calendar could aftereffect in a abnegation of appropriate to cloister admission in added cases in which crime is agreed to exist,” Davidson wrote. “It cannot be said that this is the case at this time for cases filed back September 1, 2003.”
The cardinal will administer alone to cases filed back September 1 of endure year. Over 300 asbestos cases accept been transferred to Davidson’s court.
The actor companies altercate that a abstracted calendar would accent cases involving actively ill plaintiffs. Persons placed on the abeyant calendar would advance their acknowledged cases, but their lawsuits would not advance until they had developed asbestos-related sicknesses. The actor companies cover DuPont, General Electric, Dow Chemical, Union Carbide and CenterPoint Energy.
Lawyers for the plaintiffs said that any delays abjure their clients’ built-in admission to the courts and a balloon by jury.
Judge Davidson abreast the defendants’ attorneys that they could appeal an adjustment from the Texas Supreme Cloister that would bind him to accomplish the abstracted dockets.
“We are traveling to yield him up on that invitation,” said Scott Wheeler, agent for Union Carbide Corp. “He is acutely gluttonous description that he has acknowledged ascendancy to actualize this hale docket.”
More than 600,000 asbestos-related lawsuits accept been filed nationwide, abounding by humans who accept not developed affection of asbestos-related illness. About a third of those cases were filed in Texas.
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