Quote:
Originally Posted by KSig RC
Also, you completely misunderstand the basic premise of some of these lawsuits - asbestos cases hinge on exposure, but the actual tort issues are mostly related to one or more of product defect, negligence in removal, or outright lying about the dangers. Exposure does not equal death, or even illness, in every case - for that reason, there may be NO DIFFERENCE in the eyes of the law between someone who is sick and someone who has been exposed with little or no (current) health issues. Basically, your example kind of sucks, too - I just can't really get on board with your point, because it may or may not even apply.
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I wrote a long post dissecting his asbestos example, but decided that it was too incoherent to post and more of a personal rant about what I see in my pratice. Suffice to say, I find the information inaccurate. In many areas of the country (possibly all- I can only speak for my state and surrounding states that I am knowledgeable of) asbestos lawsuits are not brought on a class action basis. Perhaps he saw a grouping of plaintiffs (which is common for administrative purposes- i.e. conducting discovery, case management orders, etc.) and thought that meant class action.
I could go on and on and type a few pages on this, but i'm making myself quit. Lol.