Major News in Mesothelioma Lawsuits in 2012
Sokolove Law urges the public to remember the rights of mesothelioma victims in asbestos-related litigation. During 2012, California enacted noteworthy legislation and a large verdict was awarded in a Delaware mesothelioma claim.
California Limits Deposition Length for Mesothelioma Victims and Others
In a major piece of asbestos-related legislation, the state of California has amended its Code of Civil Procedure to limit deposition length. Effective January 1, 2013, section 2025.290 of the Code limits the deposition of a witness to fourteen hours of total testimony for certain asbestos lawsuits, including those involving mesothelioma claims. A licensed physician must assert that the witness has less than six months to live.
Depositions are used to preserve a victim’s testimony in the event he or she cannot survive long enough to testify at trial. Previously, depositions could be dragged out by defense attorneys until the witness could no longer continue, either due to illness or death. If the witness did not live to complete a deposition, nothing he or she said could be used at trial. Under the new asbestos-related legislation, victims with a mesothelioma claim have a much greater chance of surviving their deposition and being able to seek the justice they deserve.
Justice was served in the largest asbestos verdict against a single defendant in Delaware in the past ten years (In re Asbestos Litigation Michael Galliher, No. 10C-10-315). The jury applied 100% liability for the death of Michael Galliher to RT Vanderbilt Company, Inc., a mining and manufacturing company that has been selling minerals for use in industrial and household products since 1916.
A resident of Mansfield, Ohio, Michael Galliher died of mesothelioma in 2011 at the age of 62. He was employed for nearly forty years by Crane Plumbing Fixtures Factory, where he used talc powder to dust molds for sinks and bathtubs. Expert testimony during the trial linked Mr. Galliher’s mesothelioma to asbestos fibers contained in the talc powder. The fibers came from a mine owned and operated by RT Vanderbilt. The company knew of the dangers but did not list proper safety warnings on the talc powder packaging.
The Galliher family’s claim was represented by Sokolove Law and the Simmons Law Firm. The attorneys were Randy Cohn, Conard Metcalf, and Bill Kohlburn.
If you or a loved one has been diagnosed with mesothelioma, you can contact Sokolove Law for more information. Sokolove Law has offices across the country and more than thirty years of experience in mesothelioma legislation. We have helped thousands of injured parties obtain compensation.
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About Sokolove Law
Sokolove Law, LLC provides quality legal services that help people obtain access to the civil justice system. With over 30 years of service, Sokolove Law has helped thousands of injured parties obtain the compensation they deserved from their legal claims. The cases include birth injury, mesothelioma, cerebral palsy, nursing home abuse, dangerous drugs, disability insurance denial, and medical malpractice. Sokolove Law is nationwide, with local offices in 47 states.