Despite a legal effort from several asbestos companies to stop bankruptcy trusts from deleting decades of mesothelioma claims, the Delaware Supreme Court has dismissed the case, finding the companies failed to satisfy basic requirements for the legal remedy they sought.
Asbestos Trusts’ Plan to Destroy Mesothelioma Files Spurs Legal Action
The dispute traces back to April 2025, when the administrators of asbestos bankruptcy trusts announced their plans to destroy documents and data related to already-resolved mesothelioma and asbestos-related disease claims. Trusts created by WR Grace, Babcock & Wilcox, Pittsburgh Corning, Owens Corning, and others said the action was needed to protect personal and sensitive information about claimants.
In response, Johnson & Johnson, Dow Chemical, Rohm and Haas, Union Carbide, and other asbestos defendants immediately objected, arguing the historical mesothelioma claims records were essential to defending ongoing asbestos lawsuits and pursuing contribution claims against co-defendants. Asserting that the records were necessary to identify potential fraud in claim submissions and challenge claimants’ exposure histories, they filed suit in Delaware Chancery Court seeking to force ten of the trusts and their claims processor to indefinitely preserve files that could become relevant in future litigation.
Mesothelioma Record Preservation Request Denied Due to Lack of Specific Cases
After Vice Chancellor J. Travis Laster refused to dismiss the suit in October 2025, concluding the manufacturers had plausibly alleged a legally protected interest in the mesothelioma claims information, the Delaware Supreme Court accepted an appeal from the trusts. Last month, that court reversed Laster’s decision unanimously, finding the asbestos companies’ complaint failed to satisfy the requirements for the remedy he had applied. The high court pointed to three required elements: the party seeking discovery must have an interest in the information, the requested discovery must be material to a specific pending or anticipated claim, and no adequate remedy at law must exist.
While the court acknowledged the manufacturers’ interest in asbestos trust records when defending mesothelioma lawsuits, it found the complaint never identified a specific lawsuit or anticipated case to which the requested preservation order would apply. The companies had alleged only that they face thousands of asbestos cases nationwide and that trust records are relevant to tens of thousands of current and future mesothelioma claims. The court unanimously found that this generalized allegation was insufficient, with Justice Gary F. Traynor writing, “The absence of an identifiable pending or anticipated action at law leaves the court with no gauge with which to measure the appropriate scope of the bill.” The entire action to force indefinite preservation of mesothelioma trust records was dismissed, allowing trust administrators to destroy records once claims are fully resolved.
If you or someone you love has been diagnosed with mesothelioma or another asbestos-related disease and you need information about the resources available to you, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.
