Proud Tantasathien also contributed to the publication of this blog post.
I recently had the opportunity to assist Judge Jo-Lynne Lee of Alameda County Superior Court in California with her study comparing judicial approaches to asbestos litigation in California and England. The findings are detailed in the January through July 2024 edition of Den Hollander's Mass Claims Journal.
The purpose of the report was to help provide perspective to courts and interested parties involved in mass torts. If adopted, the strategies and practices used by other jurisdictions may help increase efficiency and lead to more successful resolutions.
It was a privilege to contribute to the report. KCIC provides claims administration services and litigation management strategies to many mass-tort defendants. Through our work, we estimate we receive and process at least 90% of all complaints alleging personal injuries due to asbestos exposures filed in the United States. Through this work, we publish statistics on asbestos litigation trends in our annual Asbestos Litigation Year In Review, as well as provide data to collaborative study efforts.
The comparative study from Judge Lee was prompted by two main data points: 1) the five-fold greater deathrate in England compared to the United States, and 2) the significantly lower amount of judicial time and resources used to manage/resolve asbestos claims in England compared to California.
Some of the key comparative points include the use of jury vs court trials, availability of resolution information (e.g. England’s Judicial College Guidelines), the number of defendant parties involved, and the use of punitive damages. The findings also contemplate the potential impacts of talc claims on the litigation practices in these two geographical areas.
The study was conducted by Judge Lee while she was a Visiting Fellow with the Commercial Law Centre at Harris Manchester College (Oxford University) in 2023.
If you are interested in reading the full Mass Claims Journal article, please reach out to me directly at hashemik@kcic.com.
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Kathrin Hashemi has partnered with her clients on a variety of matters including litigation management, insurer billing arrangements, claims administration, and asbestos bankruptcy trusts. Much of her work has allowed her the opportunity to have a more holistic understanding of the litigation at hand, while simultaneously being able to solve complex problems for her clients.
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