Asbestos Corporation Ltd. is a Canadian mining company that has been named as a defendant in thousands of mesothelioma and asbestos-related disease lawsuits in recent years. Founded in 1925 and headquartered in Thetford Mines, Quebec, the company has made a practice of refusing to participate in discovery proceedings in lawsuits filed against it, arguing that Canadian law precludes it from doing so. This week, the company’s representative asked a New York bankruptcy judge to officially recognize the insolvency proceedings it is pursuing in Canada so that it can put a halt to current litigation in over a dozen U.S. states.
Mining Company Has Failed to Participate in Mesothelioma Lawsuits Filed Against It
The most recent example of Asbestos Corporation Ltd. refusing to cooperate in the discovery process in an asbestos lawsuit came in March, when Jolene Kotzerke filed a claim accusing them of negligence in the mesothelioma death of her husband, Steve.
In response to the company’s non-compliance, Washington Superior Court Judge Tateasha Davis sanctioned the company for its failure “to act in accordance with Washington state law and the court’s authority.” The judge imposed $68,000 in sanctions at a rate of $2,000 per day, and a month later entered a $16 million default judgment for its continued refusal. The victim’s estate was awarded $1,719,398.25 in economic damages, $5 million for pain, suffering, fear, and humiliation, $7.5 million to his widow, and $1 million to each of his two daughters.
Court-Appointed Monitor Requests Relief for Asbestos Company
Mesothelioma plaintiffs’ attorneys have noted that “Asbestos Corporation Ltd. hides behind a debunked legal argument that Canadian law precludes it from participating in discovery … They are engaging in this disregard of the legal system across the nation,” but the court-appointed monitor overseeing its Canadian insolvency says that the company needs the U.S. court to recognize the Canadian legal proceedings to stay litigation currently pending in 14 states.
According to Ayman Chaaban, the Canadian insolvency monitor, “Without relief in the form of recognition and an automatic stay, this uncontrolled piecemeal litigation will continue to deplete ACL’s available insurance assets.” The monitor apparently made no mention of the harms suffered by the company’s victims.
If you or someone you love has been diagnosed with mesothelioma caused by a company’s negligence, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.
