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Trouble in The Air: Table 1
Senate Bill Would Void Laws in 12 States Guaranteeing Speedy Trials for Mesothelioma Victims
| State | Right to a speedy trial | Mesothelioma Victims - 2002 |
|---|---|---|
| California | YES — Upon clear and convincing evidence that plaintiff will Not survive beyond 6 months; or, over 70 with significant health problems; trial date within 120 days. [Cal. Code Civ. P. 36] | 244 |
| Colorado | YES — Upon clear/convincing medical evidence plaintiff will Not survive beyond one year; trial date within 120 days. [C.R.S. A. 13-1-129] | 29 |
| Connecticut | YES — Living malignancies accelerated upon motion. [Oct. 9, 1997 Amendment to Pretrial Order, In Re: Bridgeport Asbestos, Sup. Crt., Judicial Dist. of Fairfield at Bridgeport] | 36 |
| Florida (Dade, Broward, and Palm Beach Counties asbestos dockets) | YES — Asbestos Litigation Omnibus Order provides for trial dates generally w/in 9 months but there is also a provision for expedited trials. | 165 |
| Georgia (Fulton Cty. asbestos docket) | YES — Living mesothelioma cases can be put on exigent docket. [Third Amendment to Standing Order No. 1, In Re: All Asbestos-Related Personal Injury or Death Cases Filed by Baron & Budd, P.C., in Fulton County Georgia, No. 1998CV02684, Sep. 20, 2002] | 34 |
| Illinois | YES — By statute, 735 ILCS 5/2-1007.1, expedited trials permitted for good cause; Madison County and Chicago asbestos dockets both provide expedited settings for mesothelioma cases. | 126 |
| Indiana | YES — In Marion Cty. (Indianapolis) all asbestos cases docketed in Superior Crt. #2, where Standing Orders have put mesothelioma and lung cancer cases into 8 month track. | 53 |
| Louisiana | YES — Preference given for plfs over age 70 or suffering from disease Not likely to survive beyond 6 months. [La. Code Civ. P. art. 1573] | 38 |
| New York | YES — Statewide procedural statute provides trial preference for terminally ill plaintiffs w/in certain ÒwindowÓ periods. [NY Civ. Prac. Law & Rule 3407] | 159 |
| Oregon (Multnomah County) |
YES — Living mesothelioma cases accorded priority trial settings ranging from 9 to 14 months. | 30 |
| Washington (State) | YES — State statute permits elderly and terminally ill (not expected to survive one year) preferential trial setting (usually w/in 6 months) [RCW 4.44.025]. | 84 |
| West Virginia | YES — Exigent docket prioritizes living mesothelioma/lung cancer cases, followed by dec'd mesothelioma/lung cancer cases, placing in groups of 20 every four months. [In Re: Asbestos Personal Injury Litigation, No. 03-C-9600, Final Case Management Order, March 25, 2003] | 26 |
Senate Bill Would Override Customary Preferential Treatment For Mesotheliomia Victims
| Jurisdiction | Permits Expedited/Preferential Setting? | Mesothelioma Deaths in 2002 |
|---|---|---|
| Iowa | YES — Asbestos caseload Not significant but exigent cases generally able to get preferential setting. | 37 |
| Maryland | YES — Not by statute or rule but by practice, all mesothelioma cases are put on separate track and set for trial w/in 9-18 months. [95% of asbestos cases filed in Baltimore.] | 49 |
| Massachusetts | YES — Mesothelioma and other terminal cancers can be advanced for trial ahead of other cases. [Asbestos Pretrial Orders] | 77 |
| Minnesota | YES — Courts routinely grant motions to expedite living mesothelioma and other cancer cases but not pursuant to any particular statute or rule. | 49 |
| Missouri | YES — But no specific rule exists in state law or by local standing orders in either Jackson Cty (Kansas City) or St. Louis. | 56 |
| New Jersey | YES — By practice, not by rule, terminally ill plaintiffs given expedited trial dates. [Majority of litigation in Middlesex Cty.] | 133 |
| Ohio | YES — No formal rule but preferential settings for mesothelioma cases occurs. | 121 |
| Pennsylvania | YES — Not by rule but by judicial discretion. | 156 |
