Page Updated enero 1, 2026

New Mesothelioma Trial Ordered After Judge’s “Manifestly Unreasonable” Decision

Página revisada y editada por

Abogado de mesotelioma Paul Danziger

We all count on the court system to treat us fairly, and that is especially true of mesothelioma victims taking on big asbestos companies and their attorneys. Whether you’re a mesothelioma widow, a child who lost their parent to the disease, or an asbestos victim yourself, you expect judges to act in a reasonable way. That did not happen when Colleen Schrader sought justice on behalf of her late husband, and as a result an appeals court threw out a jury decision and has ordered a new trial.

Judge Preferred That the Jury Not See Evidence in Mesothelioma Trial

The order for a new trial came after mesothelioma widow Colleen Schrader filed an appeal of a decision that had been made by the judge overseeing her lawsuit. After Mrs. Schrader’s husband Ernest died in 2017, she filed a wrongful death lawsuit against several companies that had supplied Mr. Schrader’s employer, Dupont, with asbestos-contaminated products.

Mrs. Schrader provided evidence that her husband’s 20 years of exposure to asbestos had led to his mesothelioma. She accused the companies of negligence, and all but Ameron agreed to settle the case. During the subsequent trial the jury asked to review critical evidence showing that Ameron had been aware of asbestos in their product and of its dangers, but the company’s attorneys objected, arguing that it would cause too much of a delay in the trial. The judge agreed, saying that not providing the evidence was his “preference.” Without that critical piece of information, the jury ended up finding the company not guilty.

Appeals Court Calls Judge’s Decision in Mesothelioma Trial an Abuse of Discretion

After losing at trial, the widow appealed the verdict on the grounds that the judge’s decision had negatively impacted the jury’s ability to make a decision about the company’s role in her husband’s mesothelioma death. The appeals court agreed, calling the original judge’s decision an “abuse of discretion” and writing, “In the face of a very specific request from the jury charged with resolving these very serious and complicated issues after 10 days of trial, the trial court’s decision to deny them access to one piece of duly admitted evidence that it deemed important to its verdict, based solely upon speculation that it could inspire them to ask for more exhibits and prolong resolution of the case, amounts to a manifestly unreasonable exercise of discretion.”

Why This Decision Matters in Mesothelioma Trials

This ruling underscores how critical evidence plays a central role in asbestos litigation. Mesothelioma cases often involve complex medical and occupational histories, and juries rely heavily on documented proof of product knowledge and corporate responsibility. When relevant evidence is withheld, even for procedural reasons, appellate courts may intervene to ensure that victims and their families receive a fair opportunity to present their claims.

Get Help With a Mesothelioma Lawsuit

If you or a loved one is pursuing a mesothelioma claim and believe that critical evidence was excluded or mishandled, you may have legal options. Speaking with an experienced abogado especializado en mesotelioma can help clarify your rights, potential compensation, and next steps. You can learn more by requesting our free Financial Compensation Packet, which outlines available claims and legal resources.