What's Next After Garlock?

February 11, 2014

An aggressive fight from a defendant that suspected improprieties by plaintiffs could have big implications for future cases, Law 360 reports. As we’ve mentioned before, Garlock became the first defendant to successfully access the bankruptcy trust records.

In a carefully worded opinion, the judge predicted that “it appears certain that more extensive discovery would show more extensive abuse.”

It appears that other judges have taken notice. Three weeks after the Garlock decision, the Rhode Island Superior Court allowed discovery of claim forms that a plaintiff submitted to multiple trusts. While the court didn’t specify whether the forms would be admissible at trial, the defendant says they could help “impeach” the plaintiff’s credibility if the allegations are inconsistent.

“The Garlock decision is an incredibly powerful indictment of the plaintiffs bar about the way they've been pursuing these cases,” ILR president Lisa Rickard told Law 360. “We're hopeful that other members of the judiciary will follow Judge Hodges' example in exposing fraud and abuse in the asbestos compensation system, and that Congress will take action as a result.”

Related Resources

Asbestos Information


Over the past forty years, asbestos-related litigation has forced nearly 100 companies into bankruptcy – devastating workers, retirees, shareholders and affected communities. Read More

In the News Today - July 8, 2015

July 08, 2015 | Insights

Proctor & Gamble Co. will pay $850,000 in a settlement with California prosecutors over the amount of "slack fill," or unused space, in its Olay skin-care products packaging. The case is part of an uptick in litigation brought by plaintiffs' attorneys seizing on "slack fill." (Wall Street Journal) Read More »