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Local lawmakers and tort reform group Illinois Lawsuit Abuse Watch (I-LAW) are urging the passage of venue reform as part of Governor Rauner's Turnaround Agenda in Illinois, which would prevent attorneys from filing lawsuits in local courts such as Madison County's when the case has no connection to the county or state. In Madison County’s asbestos docket, the busiest in the U.S., reportedly 90 percent of claimants are from out of state. “It’s just common sense to require lawsuits filed in Illinois to have an actual connection to Illinois, and yet in Madison County, 98 percent of the asbestos lawsuits filed there are for plaintiffs who do not live in that county, which is an absurd misuse of our courts and our tax dollars," I-LAW's Travis Akin notes.

Texas' sustained economic success is made possible in part by a long history of tort reform, the Tyler Morning Telegraph editorial notes. Asbestos tort reform is one of the contributing factors.

All 316 asbestos lawsuits set for trial in Madison County, Illinois the week of August 10, 2015 have settled. None of the cases went to trial, and no jurors were selected. Only 24 claimants in the 316 cases were Illinois residents, and only seven were Madison County residents. Illinois Lawsuit Abuse Watch Executive Director Travis Akin notes, "This staggering number of asbestos cases set for trial in Madison County, almost all of which are from plaintiffs who have no connection to Madison County, shows that greedy personal injury lawyers are continuing to try to game the system to get rich at our expense."

Asbestos defendants lose 85 percent of trials in Newport News, Virginia, American Tort Reform Association President Tiger Joyce points out. Weak causation and evidence standards make the jurisdiction among the most biased, and this has landed Newport News on the American Tort Reform Association's Judicial Hellholes list in a rare mid-year revision. "Asbestos defendants in Newport News are denied evenhanded justice," Joyce writes.

A North Carolina federal bankruptcy judge will allow Garlock Sealing Technologies LLC to subpoena the Johns Manville Personal Injury Settlement Trust. Garlock will have access to some information about 90,000 asbestos claimants in a preliminary step of eliminating false positive matches.

More than 300 asbestos cases will proceed August 10, 2015 in Madison County, Illinois. Stephen Stobbs, the court's only asbestos judge, will preside over the cases. Attorney Mark Behrens said the action "demonstrates that the court is more interested in efficiency than fairness." Of the 279 cases on the docket filed from 2013 - 2015, only 24 claimants (8.5 percent) are Illinois residents. Only 2.4 percent of claimants are Madison County residents.

Rep. Warren Kampf has introduced in the Pennsylvania House of Representatives legislation that would require plaintiffs' attorneys to disclose all the claimant’s asbestos actions. House Bill 1428, the Fairness in Claims and Transparency Act, would ensure that defendants know about any planned or prior claims, or awards, from other asbestos bankruptcy trusts.

A New York justice held July 31, 2015 that a court can undertake an in camera review and disclose abuses in asbestos claims during litigation against an unrelated party. Such action does not require the disclosure of confidential settlements.

Former New York State Assembly Speaker Sheldon Silver, who allegedly used his position at a private law firm to conceal millions of dollars earned illegally through asbestos claimant referrals, lost a second bid to have federal corruption charges dismissed. U.S. District Judge Valerie Caproni said, "None of Silver's arguments is persuasive." Silver will face trial in November 2015.

Author Erin Coe highlights Johnny Blaine Kesner Jr. v. S.C. and Joshua Haver v. BNSF Railway Co. as among "cases to watch" in 2015. The two lower court decisions came to different conclusions about liability in secondhand asbestos exposure lawsuits. The California Supreme Court is currently reviewing those decisions.

The American Tort Reform Association upgraded Newport News, Virginia to "Judicial Hellholes" status. ATRA points to Newport News' legal procedures in asbestos cases which unfairly give advantage to asbestos plaintiffs -- leading to an 85 percent plaintiff-favorable verdict outcome. Author Steve Ambrose cites two reform measures from the ATRA report: "A mainstream overhaul of 'substantial factor' causation and applying evidentiary rules fairly for both plaintiff and defendant."

In a rare mid-year adjustment, the American Tort Reform Foundation moved Newport News, Virginia from its less critical watch list to full “judicial hellhole” status. The status is based on research that shows defendants are more likely to lose trials in Newport News than any other jurisdiction in the U.S. The American Tort Reform Foundation specifically cites problems with asbestos litigation in the jurisdiction.

NYCAL Judge Peter Moulton is said to be under pressure to decide what the NYCAL case management order should be for asbestos cases. A New York appellate court ruled July 9, 2015 that Judge Sherry Klein Heitler, who previously oversaw the docket, was within her powers to amended the CMO to allow for punitive damages, but she exceeded her authority and violated defendants’ due process rights in ordering the jury to be charged at the end of the evidentiary phase. "From my point of view as a defense attorney, asbestos litigation is not the appropriate type of litigation for punitive damages," Curt Cutting of Horvitz & Levy LLP observed.

In response to asbestos-related claims, a Maryland court ruled that defendants had a plausible federal defense related to following U.S. Coast Guard specifications when supplying equipment.

Lawyers for former New York Assembly Speaker Sheldon Silver, who is accused of collecting millions of dollars in illegal kickbacks and bribes through asbestos claimant referrals, have submitted that a ruling in Johnson v. United States supports their motion to dismiss. U.S. Attorney Preet Bharara said Silver “misconstrues the import of Johnson.” This filing for Silver applies to just one of seven counts against him in his indictment.

Illinois Gov. Bruce Rauner has proposed five structural reforms to improve the state's litigation and business climates. One proposed measure is to eliminate "venue shopping." Madison County is notorious as a "Judicial Hellhole" where juries hand out large awards in asbestos and other claims -- even when the plaintiffs and the incident may have little connection to the county or state.

A recently unsealed database shows that $517 million has been awarded to about 850 asbestos plaintiffs who have made claims against Garlock Sealing Technologies. About 20 percent of claimants are Madison County asbestos plaintiffs.

It may take some time for West Virginia's asbestos personal injury lawyers to acknowledge the many benefits of asbestos transparency reforms will bring to local citizens, assuming that some of the attorneys can put the public good above their personal interests, the West Virginia Record opines. The Asbestos Bankruptcy Trust Claims Transparency Act, effective June 9, 2015, has garnered broad support. Mark Behrens of Shook, Hardy & Bacon says the law will “promote honesty in trust-claiming activity and in civil asbestos litigation." Roman Stauffer of West Virginia Citizens Against Lawsuit Abuse says the bill will "shed much-needed daylight on how trusts are being run and cut down on widespread fraud in trust claims and litigation.”

On June 16, 2015, Texas Gov. Greg Abbott signed House Bill 1492, which will increase transparency in asbestos litigation. The measure requires asbestos plaintiffs to file with bankruptcy trusts before they can sue. This will provide courts with increased ability to stay trials. Defendants will also be able to file a motion to stay proceedings if they believe the claimant could file a trust claim. John Wittman, a spokesman for Gov. Abbott, said, “Governor Abbott signed H.B. 1492 to increase transparency in asbestos litigation and shed light on the very real problem of double-dipping in cases relating to this issue."

In court papers filed June 12, 2015, federal prosecutors mocked former New York State Assembly Speaker Sheldon Silver's ongoing attempts to have his corruption charges dismissed. The prosecutors stated, “As much as Silver may wish otherwise, bribes, kickbacks and extortion are just as illegal in New York as they are in every other state.” 

Attorneys for Ford Motor Co. say in an appeal to the Pennsylvania Supreme Court that the Philadelphia Court of Common Pleas' use of mandatory consolidation in its asbestos docket over the years is improper. Ford claims the consolidation caused “extraordinary prejudice that violated Ford’s due process rights: Defendants with nothing in common were consolidated in one trial, forced to present defenses that contradicted one another, and foreclosed from cross-examining adverse witnesses because those witnesses were testifying for or against a different defendant in another case.”

West Virginia's Senate Bill 411, or the Asbestos Bankruptcy Trust Claims Transparency Act and the Asbestos and Silica Claims Priorities Act, took effect June 9, 2015. The measure increases transparency in asbestos litigation by establishing legal standards, creating statute of limitations standards and requiring the disclosure of previous and potential claims with asbestos bankruptcy trusts. Roman Stauffer, Executive Director of West Virginia Citizens Against Lawsuit Abuse, applauded West Virginia Gov. Early Ray Tomblin for signing the bill, noting, "this legislation will shed much-needed daylight on how trusts are being run and cut down on widespread fraud in trust claims and litigation," Stauffer said.

A Louisiana federal judge ruled June 8, 2015 that family members could not claim "mental anguish" over a former shipyard worker's alleged asbestos injury, as they were not direct witnesses to the claimed injury. The case involves claims against Huntington Ingalls and two other defendants.

Chicago attorney and President of the Illinois Trial Lawyers Association John Cooney failed to mention in an April 29, 2015 statement that asbestos cases represent three fourths of total cases filed in Madison County, Illinois. Instead, he wrote that asbestos cases “represent a fraction of total cases filed in Madison County.” Cooney has an asbestos practice that operates primarily in Cook County, Illinois. The asbestos plaintiff lawyers contribute heavily to legislators opposed to Governor Rauner's proposed venue reforms.

Mark Behrens discusses Illinois' reputation as a destination for "litigation tourism." The litigation system in Illinois makes it easy for asbestos plaintiffs to win favorable verdicts with big payouts, he argues, so claimants from outside Illinois flock to the state. Behrens says citizens in some Illinois counties are burdened by the lawsuit climate, having to wait longer for trial slots or taking on more jury duty. He notes that Illinois has one of the worst lawsuit climates in the U.S., according to the U.S. Chamber of Commerce Institute for Legal Reform, and that the American Tort Reform named Madison County a "judicial hellhole."

Sheldon Silver, former New York State Assembly Speaker, claimed May 28, 2015 that the $4 million financial gain he allegedly acquired from corrupt practices was legitimate and was "standard practice," according to the New York Daily News.

On May 27, 2015, an Illinois Senate committee voted down SB 884, which would have helped to curb abusive lawsuits by setting stricter standards for venue. The bill was part of an overall plan to improve business climate in Illinois. It was defeated by an 8 – 4 vote along party lines.

On May 22, 2015, the Texas Senate passed HB 1492, a bill that aims to end "double dipping" by plaintiffs' attorneys in asbestos litigation. Double dipping refers to personal injury lawyers suing a company and claiming its products alone harmed their clients and then also filing claims with asbestos trusts blaming other products for the injury.Texas tort reform groups such as Texans Against Lawsuit Abuse campaigned for its passage. HB 1492 now goes to Gov. Greg Abbott for signing.

Texas House Bill 1492 has been approved by the Senate and sent to Gov. Greg Abbott. If signed, the legislation would require asbestos claimants to provide notice of claims against all asbestos bankruptcy trusts before proceeding with trial. Defendants would be able to list trusts the plaintiff could potentially make successful claims against but has not disclosed. West Virginia, Arizona, Wisconsin, Oklahoma and Ohio have enacted similar legislation.

The federal FACT Act has gained the support of asbestos defense lawyers in Madison County, Illinois, a hotbed for asbestos lawsuits. The bill would help to increase transparency in asbestos litigation by targeting plaintiffs' attorneys' practice of "double dipping" into bankruptcy trust funds by citing conflicting evidence in multiple claims. Bob Goodlatte, R-Va. notes that “the FACT Act increases transparency in the Bankruptcy Code in order to protect the finite funds available.” Rep. Goodlatte also notes that it will help asbestos claimants and protect their privacy.

Texas Judge John Brieden notes that the abuse of asbestos bankruptcy trusts has created a threat to veterans. "The system of filing a claim against the trust funds has become a toxic cocktail of money, secrecy and greed that threatens the financial viability of these trust funds," he writes, acknowledging that veterans are being used for the public relations agenda to prevent asbestos litigation reform. 

Author Sara Warner notes that the Garlock case has triggered a debate on whether -- with more public information about asbestos claims, and conflicting evidence of injury -- might we see government liens against payments to claimants in the future. With increasing calls for bankruptcy trust transparency and fairness, will asbestos plaintiff lawyer excesses hurt injured individuals and their families in this manner?

U.S. Attorney Preet Bharara, who recently took down former New York State Assembly Speaker Sheldon Silver over asbestos kickbacks and other charges, says he is committed to increasing transparency in New York. On May 4, 2015, Senate President Dean Skelos and son surrendered to face several charges.

Federal investigators say they are now wiretapping potential leads from the investigation of former New York State Assembly Speaker Sheldon Silver. This information follows Silver's indictment over asbestos kickbacks and other acts, as well as charges brought against Silver's son-in-law in a Ponzi scheme not related to the indictment.

A new report shows Madison County, Illinois has a very high rate of lawsuits. Plaintiff's attorneys are drawn to the county's reputation for an imbalance in asbestos lawsuit verdicts. The lawsuits have generated a $14 million surplus for Edwardsville and has put Madison County's in the middle of a national debate over asbestos lawsuits. The county has the most lawsuits filed in Illinois, twice as many as Chicago’s Cook County. Over three years, Madison County had five times as many asbestos lawsuits as Philadelphia, which is about 65 times larger. Gov. Rauner wants a law to curb this "venue shoping." Also noted is the cozy relationship between Edwardsville’s judges and the asbestos plaintiff lawyers who contribute to their campaigns.

A Texas state court of appeals says a lower court erred when it granted a new trial for an asbestos claimant. At the trial court level, a previous jury had found that E.I. DuPont de Nemours & Co. was not liable for the claimant's death, then a new trial was granted. The state court of appeals says the lower court abused its discretionary privileges in granting the new trial.

Earlier this April, Magistrate Judge David S. Cayer stopped Belluck & Fox's attempt to block subpoenas for documents from asbestos bankruptcy trust claims and processing facilities. In a North Carolina federal court April 24, Garlock Sealing Technologies LLC said Belluck & Fox is recycling the same arguments as before, attempting to stop pertinent discovery. “Defendants’ current objections are simply a re-argument of a straightforward discovery dispute that this court referred to Judge Cayer in the first place,” Garlock said.

New court papers claim that former New York State Assembly Speaker Sheldon Silver invested $340,000 under a family member's name to avoid disclosure laws. Federal prosecutors revised Silver's indictment Thursday based on these allegations. 

Corruption charges naming former New York Assembly Speaker Sheldon Silver are revealing unseemly connections between the politicians and asbestos trial lawyers, and the public airing of dirty laundry is bearing fruit. Consider the revealing drama in New York’s asbestos court, where defense lawyers reportedly say the “docket has been rigged to favor one tort firm, Weitz & Luxenberg.”  The lawyers also wrote to the new NYCAL chief judge, Peter Moulton, that the excesses in this court are out-of-step with other prominent asbestos venues.

A report by the Illinois Civil Justice League says Cook and Madison counties have unusually high rates of lawsuits in comparison to other counties. Madison County reportedly handles up to half of asbestos-related cases in the U.S. ICJL President John Pastuovic observes that the high rates of lawsuits may drive businesses away from the state.

The Southeast Texas Record opinion piece urges passage of Texas House Bill 1492, which would require asbestos plaintiffs to disclose all asbestos claims. The editorial compares asbestos plaintiffs attorneys' "double dipping" to a child who asks both parents for something sequentially without acknowledging the communication with the other parent.

U.S. District Judge Valerie Caproni ruled on April 10, 2015 that she would not dismiss former New York State Assembly Speaker Sheldon Silver's federal corruption charges. Silver's lawyers had sought dismissal arguing that U.S. Attorney Preet Bharara's comments following Silver's arrest were prejudicial. Judge Caproni reportedly said Silver's counsel had not established grounds for taking the "extreme step" of dismissing the charges.

Arizona Governor Doug Ducey signed HB 2603, asbestos transparency legislation, on April 9, 2015, stating, "Our administration is steadfastly committed to ensuring the tort process is fair for all parties involved."  The law takes effect July 3, 2015.

A Texas asbestos reform bill, HB 1492, introduced by State Rep. Doug Miller, is being applauded as a needed reform to reduce asbestos fraud and abuse. Julian Alvarez of Rio Grande Valley Citizens Against Lawsuit Abuse said about the double-dipping, “It is unacceptable for personal injury lawyers to engage in this unethical behavior to fatten their paychecks, especially when it reduces the resources available to compensate truly injured individuals.” Supporters of the bill include Texans for Lawsuit Reform and the U.S. Chamber of Commerce, among others.

If Sheldon Silver is convicted, Manhattan U.S. Attorney Preet Bharara plans to seize his Albany pension, two of his homes and some of his financial accounts. Bharara filed a motion seeking a court-ordered seizure of the assets on March 31, 2015. Silver has been indicted for a fraud and kickback scheme to generate asbestos injury claims.

A new bill approved by the Arizona Legislature and sent to the governor on April 1, 2015, will require transparency regarding past and future lawsuits in asbestos trust claims filings. The measure was applauded by the U.S. Chamber's Institute for Legal Reform. If signed into law, Arizona will join Ohio, West Virginia and Wisconsin which, have also enacted landmark trust transparency laws.

Everest Re Group, Ltd. seeks to reopen a case which resulted in the insurer being ordered to pay $1.7 billion into the Pittsburgh Corning bankruptcy trust fund. Everest says the asbestos lawyers displayed "pervasive fraudulent conduct" during proceedings. Judge George R. Hodges is quoted in the article saying similar evidence in the Garlock case suggests a process “infected by the manipulation of exposure evidence by plaintiffs and their lawyers."

Attorney Benjamin Shein said in 2013 that his firm focused on proving claims against solvent companies before filing claims against bankrupt companies. In 2014, Bankruptcy Judge George Hodges ruled that Shein's firm delayed filing because the other claims could have made Garlock appear less liable. The claimant's attorneys later filed 20 claims with bankruptcy trusts.

West Virginia Gov. Earl Ray Tomblin has signed a bill that will create transparency and more stringent legal standards for handling asbestos and silica claims. Roman Stauffer, of West Virginia Citizens Against Lawsuit Abuse, observed. “This legislation passed the State Senate and House of Delegates with strong bi-partisan support because legislators realized the need to bring transparency into the asbestos claims process.  Abuse of the asbestos trust claims process is widespread, and this legislation will shed much-needed daylight on how trusts are being run and cut down on widespread fraud in trust claims and litigation.”  

Lawsuit reform coalition spokesperson Travis Akin describes the extent of asbestos litigation in Madison County, Illinois and urges residents there to learn more from the AsbestosLitigationWatch.org website.

Garlock claims that the largest verdict delivered against it, $24 million, came about because the company was not allowed to present to the jury evidence that would have demonstrated that the plaintiff, Roebrt Treggett, was exposed to another company's product. Garlock knew what products were on-site at Treggett's work location, but the Waters & Kraus attorney, Ron Eddins, was able to keep the information away from the jury even though the plaintiff had already made a claim for exposure to the other company's product, Unibestos.

The federal court overseeing the Garlock RICO cases against plaintiff firms has denied the firms' requests to have their cases transferred to other venues, citing a desire for consistent treatment by one court. [Note: the orders are available in this website's Resource Center].

Judge Peter Moulton, who takes over for Judge Sherry Klein Heitler in the New York City Asbestos Litigation (NYCAL), is said to be well versed in law and public service, although he is a new face to asbestos litigants. Many hope his perceived distance from the spheres of influence in the court will be a fresh start for this court and help restore fairness and order to NYCAL.

The U.S. Chamber of Commerce is backing a bill under consideration in the Arizona Legislature to bring greater transparency to asbestos-related lawsuits and asbestos trust claims. U.S. Chamber spokesperson Harold Kim said the reform legislation will require plaintiffs' attorneys to disclose if they are or will be seeking recovery from bankruptcy trusts.  Kim added that most claims are settled, and defendants are disadvantaged if they are not aware of trust claims when negotiating settlements.

A number of attorneys who practice in New York City support the reports that the New York City Asbestos Litigation court and former Chief Judge Sherry Heitler were corrupt and dishonest, despite protestations from a court spokesman. Sheldon Silver's law firm, Weitz & Luxenberg, held significant influence over the courts, in pushing their cases to be heard first and even requesting that Heitler reinstitute punitive damages in asbestos cases. Heitler had a very hands-off style and did most of her work in chambers rather than open court. The Judicial Hellholes report named NYCAL the worst Judicial Hellhole in the country in its 2014/2015 release.

New York City Asbestos Litigation (NYCAL) Judge Sherry Heitler -- who reinstituted punitive damages reportedly at the request of the Weitz & Luxenberg asbestos plaintiff firm with ties to Sheldon Silver -- is stepping down more than two months after her term expired. Manhattan Supreme Court Justice Peter H. Moutlon will lead NYCAL. Heitler's court is being investigated for allegedly giving Silver's former law firm special treatment. In this court, dozens of asbestos lawsuits were filed by Weitz & Luxenberg, where Silver was ʺof counselʺ and received $5.3 million in what federal prosecutors say were kickbacks, and many of these cases tried before judges connected to Silver. Over the last four years, the firm made $273.5 million of the $313.5 million awarded by NYCAL juries in 15 mesothelioma verdicts. Courts spoikesman David Bookstaver denied the claims.

Tomas Stebbins criticizes New York's legal system on many fronts. Regarding asbestos, Stebbins notes, "Even in the specialty courts, the game is rigged in favor of the plaintiffs’ lawyers. As reported in The Post, the New York City Asbestos Litigation court is far out of line from the rest of the country — consolidating wildly dissimilar cases and handing down verdict awards that are over twice the national average. And the largest law firm practicing before that court is none other than Weitz and Luxenberg, the very firm that paid former Speaker Silver millions, according to the indictment. We need far greater transparency into the NYCAL.... Silver’s exit is a historic opportunity for reform. It’s time our elected officials — especially our new Assembly leadership — showed us that they work for the people, not the trial lawyers.

To show how Garlock's prior litigation history included inflated claims as asbestos plaintiff attorneys manipulated the system, the company produced evidence of past asbestos claims, including several involving Philadelphia's Shein Law Center. U.S. Bankruptcy Judge George Hodges ultimately sided with Garlock's position that its liability going forward should not be based on the company's litigation history. The court records were recently unsealed after the seal was challenged by Legal Newsline and other entities. The record reveals that Benjamin Shein testified that his firm filed trust claims after llitigation was completed in order to keep other bankrupt companies' names off the verdict form.

With the NY Assembly Speaker Sheldon Silver indicted, Sara Warner observes that the persons injured by asbestos were kept in the dark about the bribery and kickbacks.  She adds, as the Wall Street Journal's Ashby Jones noted,  patients were referred by a doctor receiving $500,000 in state funds because of Silver.  Familys of plaintiffs would have been surprised to discover that expenses deducted from settlements include paying a doctor $1,750 per hour, plus other lavish travel expenses.