Mass asbestos lawsuit dismissal in west virginia

A mass dismissal of asbestos-related lawsuits in West Virginia has left many plaintiffs dismayed over the decision. People suffering from asbestos-related diseases such as asbestosis and mesothelioma must now wait much longer for their day in court. The West Virginia Supreme Court of Appeals this week dismissed more than one thousand asbestos-related lawsuits laid by railroad workers against the companies they once worked for. The more than one thousand plaintiffs had filed lawsuits against their employees, CSX Transportation and Norfolk Southern. Previously, Circuit Judge Arthur Recht of Wheeling had dismissed the lawsuits. Following an appeal by plaintiffs, the West Virginia Supreme Court of Appeals upheld Circuit Judge Arthur Recht’s decision to dismiss all one thousand suits. In upholding the decision, the Supreme Court of Appeals has rejected a plea that the United States Constitution provides every American with the right to sue in West Virginia, regardless of whether or not they have a real connection to the state. In West Virginia, as in many other states, a plaintiff can file a lawsuit even if they live out of state. To do so, however, they must be able to show that either a plaintiff or a defendant in the case has some type of connection to West Virginia. The Court chose to ignore a 2006 decision known as Morris vs. Crown Equipment, which had granted West Virginia jurisdiction to a dispute which originated in another state. The Court says that this decision did not apply because in the Morris case, one of the defendants was a West Virginia corporation. The claims were filed under the Federal Employers Liability Act, which applies to railroad and some other types of workers, regardless of where they live. After the suits had been filed, the Supreme Court of Appeals consolidated them into the Kanawha County Circuit Court, and assigned them all to Judge Recht. The railway companies had already asked for a move to dismiss the cases while the Supreme Court of Appeals was discussing whether or not the plaintiffs could file their suits in West Virginia. Judge Recht then granted the defendants’ motion, saying that the Morris case was not applicable, and that the railroad workers could not file suit in West Virginia. The plaintiffs’ appeal was subsequently rejected, and now all one thousand cases have been freed and may be tried in other state courts. (Source: Asbestos and Mesothelioma News)