Are Ohio Asbestos Lawsuit Regulations Unfair?

Are defendants suing over illegal asbestos exposure at a disadvantage in the Ohio court system?

The current way that asbestos legislation is set up in Ohio may make it more difficult for those who have been sickened by asbestos exposure to get the justice they deserve, according to a recent opinion piece published in the Cleveland Plain Dealer.

When an Ohio resident is launching an asbestos or mesothelioma lawsuit in the state, they are eligible to file asbestos claims against both the asbestos trusts that have been set up to handle these typed of lawsuits, as well as claims against the companies that may be to blame for their exposure.

However, the opinion piece notes that the way the systems to pursue both of these asbestos lawsuits are set up “lacks uniformity” that puts defendants at a disadvantage. More specifically, victims who file claims against asbestos trusts are often not encouraged to use information about their asbestos exposure and illness from that lawsuit when launching their civil suit against a company.

While it is possible for a local judge to sidestep this issue by creating case management orders (CMOs) that allow for information from one lawsuit to be used in the other, only one county currently has such orders in place. Furthermore, CMOs can be waived by judges and do not necessarily hold their weight legally when used outside the county it originated in.

“This lack of transparency between the two systems is unfair to defendant companies, which need access to information in order to fully and fairly defend themselves in court,” the piece states, before adding that a bill currently pending in the Ohio Senate would establish a more universal system for the sharing of information in regard to asbestos cases.

Odd legal quirks such as this are just one of the reasons that is important to have experienced legal help on your side when pursuing a mesothelioma claim. Call Sokolove Law today for a free legal consultation regarding a mesothelioma lawsuit from one of our legal experts.