Malignant mesothelioma lawsuits seek compensation for negligence culminating in painful and deadly damages. Though these legal actions can ultimately bring justice, they are also time consuming. When two victims represented by the same attorney tried to have their cases consolidated, the asbestos companies involved filed objections and tried to stop them, but the judge in the case agreed that the similarities in the cases met the legal criteria for joinder.
Joint Trials Requested by Mesothelioma Victims Harmed by Asbestos Companies
Justice Adam Silvera of the Supreme Court of New York County’s decision will have a profound and liberating impact on Leonard Backer and Edward Unger, both of whom are suffering from malignant mesothelioma. The two men were each exposed to asbestos, one while working as an electrician and the other as an electrician’s mate.
Though the mesothelioma victims did not work for the same employer, both were represented by the same attorney and worked on similar equipment and machinery. Discovery was completed in both of their cases and they asked to combine the cases in order to promote efficiency
Asbestos Companies Argue Against Combining Claims
The asbestos companies argued against combining the two cases, claiming that both men’s statements about the cause of their mesothelioma were overly generalized and insufficient to establish commonalities. They also argued that allowing the two cases to be combined would violate their due process rights and lead to juror confusion that would be prejudicial against them.
Judge Finds Mesothelioma Cases Similar Enough to Be Joined
In his review of the mesothelioma victims’ request, Justice Silvera determined that both men had been exposed to asbestos through their employment and their handling of similar materials and equipment. They both were suffering from the same disease and that discovery was complete, and that they both had the same counsel. He also noted that many of the defendant companies were represented by the same attorneys.
The mesothelioma victims’ request was based on a previously established precedent establishing the factors required for joinder of claims. Because six of the eight were met, the judge agreed that consolidation was legal and beneficial and granted their motion seeking a joint trial.
If you or someone you love has been diagnosed with malignant mesothelioma, it is important that you work with knowledgeable advocates who will work to make your life easier. For more information on how we can help, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.
