Court Allows Mesothelioma Victims to Join Forces
Many of those diagnosed with malignant mesothelioma are victims of negligence on the part of asbestos companies who put profits ahead of the people who would be exposed to their carcinogen-contaminated products. Though victims sickened as a result of these decisions have the right to sue for negligence, they often hesitate due to the time and stress the legal process entails. When two victims tried to combine their claims against the same asbestos companies to increase efficiency, the companies objected. They filed a motion to prevent consolidation of the cases, but a New York judge denied the companies’ request and will allow the two to move forward as one.
Joinder of Mesothelioma Claims Can Work to Victims’ Advantage
Though every malignant mesothelioma victim is unique, their claims are often similar. Most are filed by people who were exposed to asbestos-contaminated products in the workplace, and many of those products are sourced from the same companies. Leonard Backer and Edward Unger each sought legal representation from the same mesothelioma lawyer separately, but it quickly became apparent that by combining their claims, a great deal of time could be saved.
Each mesothelioma victim was exposed to asbestos on the job: one was an electrician and the other an electrician’s mate, and both had worked with the same type of machinery and equipment. Once discovery was completed in both men’s cases the similarities were so plain that the idea of “joinder” was introduced to both of them, and they agreed. They y requested that the court allow the to combine their two cases into one for the sake of efficiency.
New York Judge Allows Mesothelioma Claims to be Joined
In handing down his decision, Justice Adam Silvera of the Supreme Court of New York County pointed to the similarities between the mesothelioma victims’ cases and the fact that their cases met the criteria for joinder that had previously been established. He also noted that the asbestos companies were represented by the same attorneys, making it even more obvious that joinder would result in savings of time and money. Though the asbestos companies argued that joinder would prejudice the jury against them, the case will move for the two men will move forward as one.
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