Judge Says WR Grace Trial Won’t Happen until 2007

September 8, 2006 - Judge Donald Molloy, the U.S. District Judge assigned to the high-profile W.R. Grace and Company asbestos litigation case, has told those involved in the proceedings that he doesn’t expect the trial to start until September 2007.

Molloy, who’s already made a number of controversial decisions in pre-trial hearings, told parties involved in the case that they should plan on being available for trial from September 3, 2007, through February 2008.  The trial was scheduled to begin on Monday, September 11th.

The Missoula, Montana judge said this week that he will set a new trial date eventually, but wanted parties in the case to know of his expectation that they be available for trial a year from now.

The main reason for the delay is due to prosecutors’ appeals of Molloy's dismissal of some key elements in their case against Grace and seven of its former managers.  They are currently pending before the 9th U.S. Circuit Court of Appeals. According to an Associated Press article, Molloy added that the appeals would have to be expedited in order for the trial to realistically begin a year from now.

W.R. Grace and Company of Libby, Montana and its seven former managers are accused of conspiring to conceal health risks posed by their vermiculite mine; in particular, illnesses caused by asbestos inhalation.  Hundreds of Libby employees and those who lived in the community have been sickened due to asbestos exposure and many have already died.  The mine operated for 40 years and closed in the early 1990s.