Judge Denies Asbestos Companies’ Discovery Request in Mesothelioma Case
Malignant mesothelioma is a fast-moving disease, but victims seeking compensation often find that the justice system moves painfully slowly. While victims hope the process will move forward in an orderly fashion, asbestos companies and their attorneys frequently delay progress, either with the hope of exhausting the plaintiffs or because they don’t feel the same urgency for resolution that the victims and their families do. In an ongoing case, the defendants named in a mesothelioma claim asked to reopen discovery because they’d overlooked questioning an expert witness. Upon review, the judge hearing the case denied their request.
Mesothelioma Victim’s Expert Witness Dismissed by Asbestos Company Attorney
The case involves Michael and Victoria Marcus, who are seeking compensation for Michael’s exposure to asbestos and subsequent diagnosis of malignant mesothelioma. Michael’s exposure occurred during his Navy service, and among the expert witnesses he is relying on to support his case is Captain Francis Burger, a former Naval Engineering officer and Project Manager in Marine Engineering. The Captain will testify about asbestos-containing products Mr. Marcus would have been exposed to while he served.
The mesothelioma victim named several asbestos companies as defendants in his claim and provided them with a list of his expert witnesses so that they could interview them during the discovery process. One of those companies, Foster Wheeler, notified the court that they would not need to depose Captain Burger on March 20th, but did so without first checking with the other companies. One of those companies later asked the court to reopen the process so that they could depose the captain.
Lack of Diligence in Mesothelioma Litigation Not an Excuse for Modification of Procedure
In response to mesothelioma defendant J.R. Clarkson Company’s appeal to District Judge Haywood S. Gilliam, Jr. of the U.S. District Court of the Northern District of California, asking for the expert discovery period to be extended, Mr. Marcus’ attorney pointed to a lack of “diligence during the expert discovery period in securing Captain Burger’s deposition.” While the judge agreed that Foster Wheeler’s counsel had improperly terminated the availability of the witness and had deprived the other defendants of the opportunity to depose him, he also noted that the companies had not been “overly invested” in Captain Burger’s deposition.
The judge decided that the mesothelioma victim was correct in asserting that discovery should remain closed. He said that the defendants had not demonstrated that good cause existed to modify the scheduling order and reopen discovery and that therefore the court would not do so.
FREE Financial Compensation Packet
- Info on law firms that will recover your HIGHEST COMPENSATION
- Learn how to get paid in 90 days
- File for your share of $30 billion in trust funds
