360° Coverage : Embattled Gasket Maker Sues Asbestos Lawyers For Fraud

2 Updates
Embattled Gasket Maker Sues Asbestos Lawyers For Fraud

Embattled Gasket Maker Sues Asbestos Lawyers For Fraud

Jan 10 2014, 10:41am CST | by

Gasket manufacturer Garlock Technologies has sued four law firms for fraud as it awaits a bankruptcy judge’s decision on how much money the company must set aside to settle thousands of asbestos...

Filed under: news

 
 
 

40 weeks ago

Embattled Gasket Maker Sues Asbestos Lawyers For Fraud

Jan 10 2014, 10:41am CST | by

Gasket manufacturer Garlock Technologies has sued four law firms for fraud as it awaits a bankruptcy judge’s decision on how much money the company must set aside to settle thousands of asbestos claims against it.

Garlock, a division of EnPro Industries, entered bankruptcy in 2010 after its cost of settling asbestos suits skyrocketed from $5,000 per claim past $70,000, in a familiar cycle as other defendants went bankrupt and lawyers escalated their demands against the few remaining solvent manufacturers. Garlock says it owes plaintiffs nothing because its products contained small amounts of a less dangerous form of asbestos; plaintiff lawyers have suggested the firm owes $1.4 billion.

Garlock contends it is the victim of fraudulent claims by plaintiff lawyers who accuse multiple companies of causing their clients’ illness, often with conflicting stories about how their clients got sick. It tried, and failed, to get U.S. Bankruptcy Judge George Hodges in Charlotte, N. Carolina to release client files that it contends would show the fraud. Plaintiff lawyers resisted, saying those files contain confidential medical information.

It filed lawsuits against four prominent asbestos law firms late yesterday, under seal. Those firms are: Belluck & Fox and Shein Law Center in Philadelphia; and Simon Greenstone and Waters & Krause in Dallas. Representatives of those firms weren’t immediately available for comment. The lawsuits, actually adversarial actions in bankruptcy, seek the recovery of money from the firms.

EnPro said yesterday it expects Judge Hodge to release his opinion estimating its liability after 4 p.m. today. EnPro spokesman Don Washington declined comment.

By suing the asbestos lawyers who are suing it, Garlock is following in the steps of CSX, which in 2012 won a $429,000 fraud verdict against Pittsburgh lawyers Robert Peirce and Louis Raimond after uncovering evidence the lawyers had used phony diagnoses from discredited Dr. Ray Harron to fabricate asbestos cases against the railroad. Evidence in that case included internal memos suggesting the lawyers knew Harron was “very, very liberal” with his diagnoses, but, Peirce said in one letter, “even a disputed diagnosis case has some value.”

The lawyers also hired an unlicensed tech to run a mobile X-ray screening program, and let a doctor use an automatic signature stamp to sign medical reports.

It isn’t clear what’s in the complaints Garlock filed under seal, but attorney Samuel Tarry with McGuire Woods in Richmond, who represented CSX, told me fake diagnoses lie at the core of most such cases.

“If we’re going to see more of this litigation it’s because there are unfortunately still doctors who are willing to say whatever lawyers ask them to say,” said Tarry, who declined to comment directly on the CSX case because it is on appeal.

Garlock previously accused another law firm of fraud for making conflicting stories about how its client was exposed to asbestos. Plaintiff lawyers accused the company of trying to game its bankruptcy by disrupting long-settled methods of assessing liability based upon previous court verdicts.

Pursuing law firms for fraud is difficult because plaintiff lawyers try to shield all of their documents under the attorney-client privilege.

“It’s a challenge to prove intent unless you have smoking-gun documents,” Tarry said.

When judges have penetrated that veil, they have found interesting facts. The most important example came when U.S. District Judge Janice Jack demanded the case files for thousands of plaintiffs in silicosis cases and after matching up their Social Security numbers with previous filings found many had already collected payments for asbestosis. Jack, a former nurse, threw out the silicosis cases since the two diseases are virtually never found in the same patient.

Garlock, like other companies, wants to set up a trust to pay future asbestos claims so it can exit reorganization. The dispute with plaintiff lawyers is over how much money should go into that trust.

Asbestos trusts are mostly overseen by plaintiff lawyers and operate in secrecy, making it impossible to match up claims as Judge Jack did to uncover fraud. Solvent companies complain that lawyers target them with suits first, knowing they can later tap the bankruptcy trusts without fear that the trusts will dispute their claims as inconsistent with exposures their clients alleged in suits against the solvent companies. The U.S. House passed a bill last year that would open the trust records but it won’t pass in the Democratic-controlled Senate, where asbestos lawyers are a major source of campaign contributions.

Source: Forbes Business

 
Update
2

7 weeks ago

Khazanah throws MAS RM6b lifeline

Aug 29 2014 5:01pm CDT | Source: Business Times Singapore

August 30, 2014 1:15 AMKHAZANAH Nasional will inject RM6 billion (SS$2.4 billion) over three years to resuscitate loss-making Malaysia Airlines (MAS) under a recovery plan that includes even an Act of Parliament. Other key moves are migrating its operations, assets and liabilities to a new company (NewCo) and slashing the workforce of 20,000 b ...
Source: Business Times Singapore   Full article at: Business Times Singapore
 

 
Update
1

7 weeks ago

MAS posts loss of RM307m for Q2

Aug 28 2014 5:00pm CDT | Source: Business Times Singapore

August 29, 2014 1:13 AMMALAYSIA Airlines (MAS) registered a loss of RM307 million (S$122 million) for the second quarter to end-June, but warned of worse to come in the second half when the "full financial impact of the double tragedies of MH370 and MH17 ...
Source: Business Times Singapore   Full article at: Business Times Singapore
 

 

Don't miss ...

 

<a href="/latest_stories/all/all/30" rel="author">Forbes</a>
Forbes is among the most trusted resources for the world's business and investment leaders, providing them the uncompromising commentary, concise analysis, relevant tools and real-time reporting they need to succeed at work, profit from investing and have fun with the rewards of winning.

 

blog comments powered by Disqus

Latest stories

Spanish nurse cured of Ebola
Madrid, Oct 21 (Xinhua) Spanish nursing auxiliary Teresa Romero was pronounced cured of the Ebola virus disease according to World Health Organisation (WHO) guidelines after the results of a second test confirmed Tuesday that she no longer had the virus in her blood.
 
 
Clinical trials of Ebola vaccine start Nov 1 in Switzerland
Geneva, Oct 21 (IANS/EFE) The World Health Organisation (WHO) announced Tuesday that it will begin clinical trials Nov 1 in Switzerland of one of the two anti-Ebola vaccines currently under development.
 
 
Colombia to launch world's first floating gas liquefaction plant
Bogota, Oct 21 (IANS/EFE) The world's first floating gas liquefaction plant is due to begin operating next year off the coast of northern Colombia under a pact between Canada-based Pacific Rubiales Energy and Belgian shipbuilder Exmar.
 
 
Paralysed man walks again after pioneering cell therapy
London, Oct 21 (IANS/EFE) A paralysed man has been able to walk again after therapy that involved transplanting cells from his nasal cavity into his spinal cord, the BBC reported Tuesday.
 
 
 

Latest from the Network

European Champions League standings
Paris, Oct 22 (IANS) Following are the European Champions League standings for Groups E to H after Tuesday's matches (tabulated under matches played, won, drawn, lost, goals for, against, points), according to Xinhua...
Read more on Sport Balla
 
Rogerio set to break Giggs world record
Rio de Janeiro, Oct 22 (IANS) Sao Paulo goalkeeper Rogerio Ceni is one victory away from earning his fourth Guinness World Record by eclipsing a mark held by Manchester United legend Ryan Giggs. The 41-year-old will...
Read more on Sport Balla
 
Ryan Reynolds can't keep his hands off Blake Lively
Ryan Reynolds was ''really sweet'' to Blake Lively at the Angel City Ball. The couple, who got married in September 2012, made their first red carpet appearance together in New York City on Monday night (10.20.14) since...
Read more on Celebrity Balla
 
Kris Jenner doesn't know who Bruce Jenner is dating
Kris Jenner has ''no idea'' whether Bruce Jenner is dating her best friend. The 58-year-old reality TV star, who split from the Olympic gold medallist last October after 23 years of marriage, claims she doesn't know if...
Read more on Celebrity Balla
 
When Rihanna dressed like 'Harry Potter'
New York, Oct 22 (IANS) Singer Rihanna was spotted here in a Harry Potter style costume. She wore the wizard-like get-up while heading for a business meal here Monday, reports mirror.co.uk. The 26-year-old combined a...
Read more on Celebrity Balla
 
Germany raises humanitarian aid to Iraq
Berlin, Oct 22 (IANS) Germany has pledged a further 20 million euros (about 25.5 million dollars) in humanitarian aid to Iraq, the foreign ministry said in a statement Tuesday. The additional funds are immediately...
Read more on Politics Balla
 
India calls on Israel, Palestine to resume peace process
United Nations, Oct 22 (IANS) India has called upon Israelis and Palestinians to resume the peace process as "dialogue remains the only viable option" to address the issues confronting the region. In a brief statement...
Read more on Politics Balla
 
Airstrikes help ground forces fight IS: Pentagon
Washington, Oct 22 (IANS) Kurdish forces are in control of the majority of the Syrian city of Kobane despite efforts by the Islamic State (IS) to take the town, a spokesperson for US defence department said Tuesday....
Read more on Politics Balla
 
Palestine, Israel urged at UN to halt unilateral initiatives
United Nations, Oct 22 (IANS) UN Secretary-General Ban Ki- moon Tuesday called on Palestine and Israel to overcome differences and halt unilateral initiatives that fuel mistrust, so as to pursue long-term stability in...
Read more on Politics Balla
 
China urges Israel to create conditions for peace
United Nations, Oct 22 (IANS) Chinese government has called on Israel to create necessary conditions for the resumption of peace talks with Palestine. At an open debate of the Security Council on the situation of the...
Read more on Politics Balla