Complimentary Published Article: The Asbestos Over-Naming and Trust Transparency Problem

The Asbestos Over-Naming and Trust Transparency Problem:
A Philadelphia Case Study

Written by Peter R. Kelso and Marc C. Scarcella of Roux & C. Anne Malik of Orrick, Herrington & Sutcliffe, LLP

As traditional asbestos manufacturers have been litigated into bankruptcy and have exited the tort system, plaintiffs’ lawyers have adapted their business model by casting a wide net for new companies to sue. This trend is especially visible in the Philadelphia Court of Common Pleas, one of the country’s busiest asbestos litigation dockets. A new study by C. Anne Malik of Orrick and Peter Kelso and Marc Scarcella of Roux zooms in on this development, examining a sample set of asbestos lawsuits filed in Philadelphia between 2017-2021.

This research reveals the numbers behind the trend, makes the case for reforms to curb the unfair practice of “over-naming,” and points out the need for more timely disclosures of asbestos trust claims and compensation entitlements during the pendency of tort claims.

This study is published by the U.S. Chamber of Commerce Institution for Legal Reform as their March 2024 ILR Briefly. Please fill out the form below to receive a complimentary copy of the article.