Michigan Asbestos Rules Prompt Mixed Reaction
August 15th, 2006
Michigan’s new Supreme Court ruling, which no longer allows bundling of asbestos cases, has many up in arms, especially attorneys. While a group representing manufacturers, insurers and other companies believe that the ruling protects seriously ill patients from losing money that also goes to those with nonexistent or less serious symptoms, lawyers for the many asbestos plaintiffs that live in Michigan say that chaos will abound and believe that the court is trying to fix a problem that doesn’t exist.
According to an Associated Press article, lawyers are “up in arms” over the decision. “This costs the state more money, it costs the defendants more money, and it costs the plaintiffs more money,” said James Bedortha, an attorney for asbestos patients.
Bedortha said in Wayne County, where the vast majority of asbestos lawsuits are filed in Michigan, both sides thoroughly discuss each case during settlement talks overseen by Circuit Judge Robert Colombo Jr. The order will drastically bog down the court, he said.
The National Association of Manufacturers believes, however, that the order will weed out frivolous claims because people will be less likely to sue. Manufacturers point out that asbestos litigation has caused more than 70 U.S. companies to go bankrupt to date.
Others don’t think that Michigan has an asbestos litigation problem. There are currently 2,500 asbestos cases pending in the state, they point out. Ohio, on the other hand, has more than 40,000 cases awaiting their day in court.
