Courts rule against canadian asbestos suits

Rhode Island â€" National business groups have been closely following case in which Canadian residents filed asbestos-related lawsuits in Rhode Island. This week, the state Supreme Court ordered that the 39 cases be dismissed. In making this ruling, the Supreme Court has added Rhode Island to the list of 46 other statesâ€"and the federal governmentâ€"in recognizing that courts can decline cases if they believe those cases would be better handled elsewhere in the interests of “convenience, efficiency, and justice.” Prior to this ruling, Rhode Island had only recognized the doctrine in child custody cases, but in making the ruling the Supreme Court has given the doctrine more general recognition. The lawsuits that sparked the decision had been filed by Canadian residents against corporations that had business interests in Rhode Island. However, none of those defendants had a principal place of business in the state, and all of the plaintiffs were employed, exposed to asbestos, and treated for asbestos-related disease in Canada. The cases involve several defendants, including General Electric Co. and Union Carbide Chemicals and Plastics Company Inc. In relation to the cases, Supreme Court Justice Paul A. Suttell wrote “Our courts in Rhode Island must stand open to provide remedies to those who have been injured and to treat all litigants fairly. Our courts, however, need not resolve disputes of all persons who choose to file suit in Rhode Island. In the 39 cases under review, we are unable to discern any nexus with the state of Rhode Island.” The Supreme Court’s decisionâ€"which runs to 23 pagesâ€"considers both public and private interests. “A jury may have to sit through a complicated trial that literally has no connection to Rhode Island besides a generalized interest that is constant throughout the entire United States…the interest in preventing asbestos-related diseases.” The decision has been praised by the American Tort Reform Association, which said the ruling is “a victory for Ocean State taxpayers and citizens called to jury duty.” President Tiger Joyce said in a news release, Today’s Supreme Court ruling is a solid step toward keeping Rhode Island from becoming known as a ‘judicial hellhole.’ However, Rhode Island lawyer Donald A. Migliori says that the decision is surprising, and will make it more difficult for plaintiffs to have their cases managed appropriately. Migliori says that the efficiency and unbiased nature of Rhode Island’s Superior Court asbestos docket means that cases are more often than not settled quickly and fairly, and that this wouldn’t be compromised for Canadian plaintiffs. The Supreme Court, however, says that’s irrelevant. “It cannot be disputed that Canada has a legal system capable of affording the possibility of remedies to the plaintiffs in the underlying cases.” “Because no one other than the attorneys involved actually is located in Rhode Island, literally all the witnesses and parties would have to travel to Rhode Island for the trial and other proceedings…We are of the opinion, therefore, that the relevant private-interest factors militate in favor of dismissal.” (Source: Asbestos and Mesothelioma News)