Michigan Supreme Court Orders Single Hearings on Asbestos Cases

August 10, 2006 - In a vote of 4-3, the Michigan Supreme Court has order judges around the state to handle asbestos-related lawsuits individually rather than bundle them together for collective settlement agreements.

While some justices doubt that the change would help those stricken with mesothelioma and other asbestos-related diseases, others have lauded the decision, saying that it will ensure that cases involving the sickest patients get top priority. 

The Detroit News reports that one justice called the new rule "ill-advised and indefensible." "It virtually ensures that justice will be so delayed for so many diseased plaintiffs that they will never live to see their case resolved," said Justice Marilyn Kelly.

Others disagreed.  "This administrative order will, I believe, advance the interests of the most seriously ill asbestos plaintiffs whose interests have not always been well served by the present system, where available funds for compensation have been diminished or exhausted by payments for claims made by less seriously ill claimants," wrote Justice Stephen J. Markman.

Judges, however, are concerned about the excessive caseload if all asbestos cases are heard individually.  Judge Robert Colombo, who is currently the only judge in the state who hears asbestos cases, believes that Michigan will need to add at least 10 more judges in order to accommodate the extra cases.

According to Detroit News reporter Robert Hansen, the court's new rule applies to settlement agreements and does not prevent bundling cases to obtain group information before a trial or settlement.

Previously in Michigan - a state with a high number of suits due to its industrial past - asbestos cases with common circumstances, such as those involving employees suing the same company, were bundled. A case that is considered typical within that group is tried by itself and the result applies to the entire group.