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National Underwriter: Attorneys Split On Impact From Ohio High Court Asbestos Ruling

Partner Robin Harvey, Litigation Coordinator of the firm's Cincinnati office, was quoted in an October 17 National Underwriter article, "Attorneys Split On Impact From Ohio High Court Asbestos Ruling."

The focus of the article is the recent Ohio Supreme Court decision putting restrictions on the filing of asbestos injury cases. The court ruled that a 2004 state law, requiring plaintiffs to submit medical proof of harmful injury from asbestos before their cases are heard, can be applied retroactively.

Harvey, who represented a company which was dismissed, said the decision was part of a movement to clean up "a cesspool of abuse" with cases developed by radiology mills. She said the law ruled out "unimpaired cases" where the only thing shown was a change on the pleural lining of the lungs, but the plaintiff had no physical symptoms.

Harvey said 37,000 cases that are pending are unimpaired. In the past, she said that plaintiff attorneys would package one valid case of mesothelioma with a bunch of unimpaired cases and use it to leverage settlements of "garbage cases."