Judge Aurelio Munoz of the Los Angeles Superior Court threw out a case last month and asked the appelate court to intervene. Munoz accused the plaintiff attorneys of "playing grisly games" in asbestos suits and trials. He even went so far as to call their actions "a type of judicially sactioned extortion." These cases generally start in Texas and end in California.
In Texas, defendants generally do not get a chance to depose the plaintiff because of the "six hour rule". Once the deposition has occurred without the defendant receiving any information, the case is dropped in Texas and brought back up in California where courts are generally harder on defendants. The Texas deposition is generally used at this point, giving the defendant nothing. Often, the case has no merit. However, the defendant is faced with the coice of settling and paying much more in attorneys fees for a trial.
Fortunately, these practices have been seen for what they are, and can now be dismissed entirely. This leaves more time and resources for meritorious cases. If you or someone you know has been diagnosed with mesothelioma, contact the California mesothelioma attorneys of Williams Kherkher at 800-781-3955.