After filing a mesothelioma lawsuit against shipyard operator Dravo, LLC, Paul Weakland negotiated a settlement with the now-defunct company in May of 2020. Two months later, a bankruptcy court signed an order that said future settlement payouts would have to go through the judge, and Dravo refused to pay the settlement amount despite having paid several other claimants. The issue has been in dispute ever since, and now the Pennsylvania Supreme Court has agreed to hear arguments in the case.
Fighting Paying Mesothelioma Settlement, Asbestos Company Argues Court Order is Retroactive
Though the argument the Pennsylvania Supreme Court has agreed to hear centers on whether the plaintiff can pierce the corporate veil to turn a claim against a dissolved company into a claim against its parent, the original argument in the case centered on mesothelioma victim Paul Weakland’s attempt to enforce his asbestos settlement with Dravo. The company paid off more than a dozen other claimants with identical settlement language but pointed to the judge’s July order dissolving the company and requiring the court to approve future settlement payments as their excuse for not paying the agreement reached months earlier.
While Dravo said that the judge’s order was retroactive, the mesothelioma victim’s attorney pointed out that the company had paid at least ten other identical settlements. The victim asked the judge to enforce the settlement or sanction Dravo by requiring it to pay interest on the unpaid amount while the case was under appeal, while Dravo argued that it was powerless to pay the settlement after the judge’s order.
Judges to Weigh Liability for Mesothelioma Claim
Three years later, the dispute over the payment of the mesothelioma settlement continues, and the Pennsylvania Supreme Court has agreed to hear it, ruling on a lower court decision that said that there was a factual dispute over whether Dravo and its parent company had acted as a single entity, and whether the parent company could be held liable for the claims that Dravo had not paid due to its insolvency.
If you or someone you love has been diagnosed with an asbestos-related disease, the Patient Advocates at Mesothelioma.net can provide you with resources and guide you through what to expect from the legal process. Contact us today at 1-800-692-8608 to learn more
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