March 4, 2010

"An order filed Wednesday will ensure asbestos plaintiffs don't get paid twice for the same alleged injuries. ... Under this case management order, plaintiffs now must disclose which bankruptcy trusts they have talked to and against any trusts he or she might have a claim." [Chamber-backed West Virginia Record]

P.S. A reader in the Northeast also draws our attention to, in his words,

another recent order, this one entered on February 22, 2010 by Judge Furber in the Montgomery County, PA asbestos litigation, in which plaintiffs are ordered to file, no later than 120 days before trial, whatever claims they believe they have against asbestos bankruptcy trusts and to provide to defendants with copies of all such filings, including affidavits, medical records and reports, and employment documentation. This is one of the most comprehensive orders I've seen in asbestos litigation regarding the trust payment issue and should be very helpful to defendants in these cases.