Michael and Victoria Marcus filed a personal injury lawsuit against multiple companies after he was diagnosed with malignant mesothelioma, citing exposure to asbestos that he suffered during his service in the United States Navy. As the case approaches and both sides prepare for trial, some defending companies have asked to reopen discovery because they overlooked an expert witness who will testify to the jury. Upon review, the judge hearing the case denied their request.
Discovery is an Essential Step in a Mesothelioma Claim
Whether litigation involves a mesothelioma claim or any other accusation, discovery is one of the most important aspects of trial preparation. It is a formal process in which both sides of the legal argument provide information to the other about the evidence and witnesses who will be presented at trial and allow them to examine them. It includes information about and the availability of interviews and written interrogatories with witnesses and expert witnesses, the production of documents, and the introduction of other admissible evidence.
Discovery is a limited process: Once it is closed, it can only be reopened through a court order. When Michael and Victoria Marcus filed their mesothelioma lawsuit, the asbestos companies named in their claim were provided the opportunity to depose their expert witness Captain Francis Burger, a former Naval Engineering officer and Project Manager in Marine Engineering. One of the defendants, Foster Wheeler, terminated the opportunity to conduct depositions with him on March 20th without consulting their fellow defendants. Following this, other defendants petitioned the court to have the discovery process reopened.
Judge Calls Mesothelioma Defendants’ Request “A Cure to a Non-Problem”
Following Foster Wheeler’s improper termination of Captain Burger’s testimony, mesothelioma defendant J.R. Clarkson Company petitioned the court requesting reopening of discovery. The Marcuses objected to their request, and the question was heard by District Judge Haywood S. Gilliam, Jr. of the U.S. District Court of the Northern District of California. After asking the parties to show cause for reopening discovery, the judge noted that “restoring the opportunity to depose him might be a cure to a non-problem.”
The mesothelioma victim argued that since the asbestos companies had not demonstrated “any diligence during the expert discovery period in securing Captain Burger’s deposition,” a modification of the schedule is unwarranted. After review, the judge agreed.
If you or someone you love has been diagnosed with malignant mesothelioma, working with an experienced and diligent representative is essential to your success. For information on how the Patient Advocates at Mesothelioma.net can help, contact us today at 1-800-692-8608.
