Vets Already A ‘Political Football’

How odd is it that a national Veterans Administration scandal is unfolding just as the nation observes Memorial Day? Reports of false documentation, delayed treatment and even deaths brought an address from President Obama last week, including his promise that anyone responsible will be “punished.” The president also expressed the hope that the scandal does not become “another political football.”

AP photo as part of the report from Journal Sentinel on 3/24/14

AP photo as part of the report from Journal Sentinel on 3/24/14

But of course, it will and we should note that in the world of asbestos damage claims, veterans have always been part of the debate. Because the military used so much asbestos decades ago, many vets are getting mesothelioma today. The most recent high-profile example of how that plays out came as Wisconsin passed reforms on asbestos-focused bankruptcy trusts.

Victims’ attorneys argued that increased transparency was unfair to veterans and would make gaining compensation more difficult. And several veterans groups lobbied against the measure. But the AMVETS group countered that bogus claims could deplete the trusts and thus reduce payouts. The “tort reform” advocates say that opposing vets eventually dropped their opposition, but that was only after the governor assured them he was going to sign the legislation, according to the Journal Sentinel newspaper.

You can follow the vets-as-political-football here.

 

 

Top Ten Takeaways from Perrin Conference in L.A.

Here, in no particular order, are our Top Ten immediate take-aways from the “Cutting-Edge Issues in Asbestos Litigation Conference” organized by the Perrin Conferences company. The Perrin conferences are different from most legal-issues gatherings because they include several points of view, being attended by plaintiff attorneys, civil defense attorneys and even issue-specific judges.
 
The two-day conference was held March 17 and 18 at the Beverly Wilshire Hotel in Beverly Hills, California and drew more than 100 attorneys from across the country.
 
See the list:
 
10. Lung cancer is a growth area for asbestos litigation. Panelists explained that we should expect from 6,000 to 7,000 new asbestos-related lung cancer cases per year. New York Judge Sherry Klein Heitler, a panelist in the “emerging trends” discussion, said that “… the reality is that we just do not have the money” to deal with the new cases.
 
9. These lung cases will include smokers, even those with extensive tobacco use histories. One panelist predicted that the expanding case volume and reduced court capacity will likely lead to more consolidation, where multiple cases are handled together.

Cutting-Edge Issues in Asbestos Litigation Conference

The Perrin Conference at the Beverly Wilshire Hotel ended yesterday (Tuesday, March 18). California asbestos judges from both Los Angeles and San Francisco participated. The CCM staff attended the conference and we will post an original summary of the conversations on later this week.  

 

CCM Publisher Warns Of ‘Perjury Pawns’

 
Writing in the Huffington Post, CCM Publisher Sara Warner notes that a recent bankruptcy case is rocking the world of civil asbestos litigation, one of the leading case-issues in California and nationwide. A federal judge’s order lists problems with the specific case, including “disappearing” of evidence and testimony that seems to contradict other sworn statements involving dozens of bankruptcy trusts. But, she notes, what about the victims?
 
Read the HuffPo piece here

‘Top Hellhole’ Ranking Sparks Some Debate

There’s not much balance in most online coverage of California’s latest “Judicial Hellhole” ranking, but there’s a good exception at the Law360 website. Their report notes that the ranking by the American Tort Reform Association doesn’t tell “the whole story,” but offers strong comments from people on both sides of the debate.
 
For example, Law360 writes that “… the report focuses too heavily on a minority of abusive cases, according to Brian Kabateck,” who is identified as a former president of the Consumer Attorneys of California. The quote continues that “… this report is coming from a coalition of corporations and big businesses and insurance companies. They are taking a very small number of clearly abusive lawsuits, and they are trying to use that as a smoke screen to shield themselves from liability for their bad actions and their injurious conduct directed at Californians.”
 
But other experts point out that other states have taken measures to clear up clogged court systems and California could learn a thing or two from their experiences. William Oxley, a partner at one of the state’s larger firms who is identified as an attorney “… who defends companies in asbestos cases and other product liability and mass tort cases” said he agreed that California is a more plaintiff-friendly jurisdiction, and thought the Legislature and the California Supreme Court need to take action to balance the playing field.
 
We do not typically link to paid websites, but this one offers free access for seven days with registration. So here’s the link.