Join the discussion on the following article:
CSX concludes litigation against asbestos lawyers
I doubt that this is the only case of racketeering and fraud concerning asbestos in the country.
.My case was brought, and settled in my favor, by a Texas law firm that held clinics for discovery (X-ray vans) at various west coast terminal’s towns.
The X-rays were sent to a south Florida radiologist who would have had to testify at west coast court.
My understanding is that all that’s necessary to award for the defendant is to show that asbestos is present,
Piece of cake for a radiological asbestos specialist.
Damages, court expenses, expenses of the expert witness (es) traveling trans-continentally, or
SETTLE.
You are absolutely right, Les. It will render burden of proof much more difficult in future FELA cases for injured or sick workers. FELA itself could use a major overhaul or replacement with new legislation which better serves industry and worker needs. It is a century old and is poorly adapted to the current environment, especially in asbestos-related litigation. The whole asbestos-related settlement issue is a legal minefield with little protection for the worker and is nor much better for the employer or third-party supplier. A round table discussion on the application of state workman’s compensation law to federally regulated employees which would preclude excessively large suits against employers or frivolous third-party tort suits against manfacturers, based on the Canadian model, might be in order here. The costs of litigation are murderous for both employers and employees, and the only winners are the lawyers. Perhaps it is time to think outside the box and come up with solutions which could avoid these types of frauds while protecting the rights of both employer and worker.