Last year’s eye-opening decision in the case In re Garlock Sealing Technologies, LLC was shocking. We had long suspected that asbestos plaintiffs and their attorneys were gaming the system in order to increase their recoveries, but we had no idea just how big of a problem it was. Garlock showed that mitigating evidence had been withheld in almost all the cases brought against it over the past decade, but was the same thing happening in cases brought against other defendants?
A new study of the data released by the Garlock court done by Peggy L. Ableman of McCarter & English, LLP and Peter R. Kelso and Marc C. Scarcella of Bates White Economic Consulting indicates Garlock was not the only victim of deceptive tactics.