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Asbestos firms accused by a California judge

In the last few months the state of California has been the witness to an increase in satellite offices being erected, and not just because of the sunny weather.

Attorneys representing victims of asbestos exposure from other states file the claim and after a while they retreat it and file it in a state that is much friendlier for their needs.

All this will come to an end, because, recently, a judge has noticed this regularity, and took an asbestos firm to court for the maneuvers and avoidance of the law in some cases.

The story

Everything started in April, when a Texas asbestos case was moved to the superior court in Los Angeles. Here, the judge did not allow any kind of response from the defendant or his attorney, ruling against these in a very short case. He denied a motion forwarded by the defendant stating that the testimony of the deceased was not meeting some requirements of the Californian law.

This was wrong because in California depositions are time-limited, and if the plaintiff fails to produce the asbestos product in question, the defendant should be free of any charge.

Judge Aurelio Munoz said that the court does not have the right to prohibit a motion that is otherwise meeting all the requirements stated by law in the respective state.

The parts of the trial

Waters, Kraus & Paul, LLC represented the plaintiff. This is a California based law firm specialized in asbestos law suits. Judge Munoz said that this is a law firm that had at least nine other times filed a claim in Texas only to be dismissed after the plaintiffs’ deposition has been taken.

Why is this happening:

  • Because in Texas the deposition is limited to six hours
  • If the plaintiff fails to mention the defendants’ asbestos product, summary judgment is allowed

The law in California is exactly the opposite, which is why this games are taking place. Judge Munoz also said that the court believes that these actions have been undertaken knowingly, to provide for an advantage for the plaintiff and not to allow the defendant to stand any chance.

Officials say that something needs to be done towards these actions that are somewhat against the law, and that will lead to a change in rules for the coming years. Some authority people mentioned that judge Munoz could have avoided this by not denying the defendants motion.