Rhode Island Mesothelioma Lawyer and Legal Information
Rhode Island is ranked 39 in the nation for mesothelioma cases, despite its relatively high ranking in the nation for deaths from mesothelioma. Until very recently, it was the only one of the 50 states that had not acknowledged or formally recognized a doctrine that is often used to bar lawsuits brought in jurisdictions other than the plaintiff's home jurisdiction.
In a 2005 decision, a Rhode Island Superior Court denied the petition of 39 defendants in various asbestos-related cases to dismiss the suits for reason of ?forum non conveniens'. The principle of forum non conveniens is used in 46 states to dismiss cases that have no significant connection to the jurisdiction in which they are brought. Until very recently, Rhode Island did not recognize forum non conveniens. The 39 defendants appealed the Superior Court's decision, and in an opinion published May 9, 2008 the Rhode Island Supreme Court stated that:
"no litigation crisis exists" at present (in Rhode Island), that the court was not "mired in asbestos litigation," and that there had been no deluge of asbestos cases over the last two decades. To the contrary, the court found that the asbestos docket had been neither unmanageable nor unwieldy. The trial justice reasoned that it was of "paramount importance" that the parties have their cases heard as promptly as possible and that asbestos-related litigation defied containment by boundaries. (Scallion et al v. A.W. Chesterton)
Despite this, the Supreme Court reversed the finding of the lower court, with some very telling commentary. In part, the opinion written by Justice Suttell for the court reads:
Nevertheless, we must also be cognizant of the strains such litigation places on Rhode Island's judicial resources. Courts across the country have experienced a burgeoning of products-liability and negligence litigation, much of which, as the trial justice noted, transcends geographical boundaries. Our courts in Rhode Island must stand open to provide remedies to those who have been injured and to treat all litigants fairly. Our courts, however, need not resolve disputes of all persons who choose to file suit in Rhode Island.
Thus, as of May 9, 2008, the Rhode Island Supreme Court reversed over 200 years of judicial history and for the first time formally acknowledged the doctrine of forum non conveniens, giving defendants a ready defense to request dismissal in the state's courts.
Rhode Island is ranked 39 in the nation for mesothelioma cases, despite its relatively high ranking in the nation for deaths from mesothelioma. Until very recently, it was the only one of the 50 states that had not acknowledged or formally recognized a doctrine that is often used to bar lawsuits brought in jurisdictions other than the plaintiff's home jurisdiction.
In a 2005 decision, a Rhode Island Superior Court denied the petition of 39 defendants in various asbestos-related cases to dismiss the suits for reason of ?forum non conveniens'. The principle of forum non conveniens is used in 46 states to dismiss cases that have no significant connection to the jurisdiction in which they are brought. Until very recently, Rhode Island did not recognize forum non conveniens. The 39 defendants appealed the Superior Court's decision, and in an opinion published May 9, 2008 the Rhode Island Supreme Court stated that:
"no litigation crisis exists" at present (in Rhode Island), that the court was not "mired in asbestos litigation," and that there had been no deluge of asbestos cases over the last two decades. To the contrary, the court found that the asbestos docket had been neither unmanageable nor unwieldy. The trial justice reasoned that it was of "paramount importance" that the parties have their cases heard as promptly as possible and that asbestos-related litigation defied containment by boundaries. (Scallion et al v. A.W. Chesterton)
Despite this, the Supreme Court reversed the finding of the lower court, with some very telling commentary. In part, the opinion written by Justice Suttell for the court reads:
Nevertheless, we must also be cognizant of the strains such litigation places on Rhode Island's judicial resources. Courts across the country have experienced a burgeoning of products-liability and negligence litigation, much of which, as the trial justice noted, transcends geographical boundaries. Our courts in Rhode Island must stand open to provide remedies to those who have been injured and to treat all litigants fairly. Our courts, however, need not resolve disputes of all persons who choose to file suit in Rhode Island.
Thus, as of May 9, 2008, the Rhode Island Supreme Court reversed over 200 years of judicial history and for the first time formally acknowledged the doctrine of forum non conveniens, giving defendants a ready defense to request dismissal in the state's courts.
