Two North Carolina families, asserting that asbestos products from The Dow Chemical Co., 3M Co., and others caused their relatives’ cancer, are renewing their efforts to merge their lawsuits. They argue that objections from the companies inadvertently support the case for consolidation.
In recent filings, Dow and Fluor Enterprises Inc. submitted nearly identical objections to the consolidation of lawsuits brought by the families of factory workers Clarence Hales and Augustus Adams, as detailed in a document submitted to a federal court on Wednesday.
Push for Consolidation in Asbestos-Related Lawsuits Against Dow and 3M
This similarity in responses from the defendants underscores the families’ argument that the cases should be combined. Both lawsuits, which allege that Hales and Adams developed mesothelioma from exposure to asbestos at DuPont’s plant in Kinston, North Carolina between the 1950s and the 1980s, feature parallel claims, timelines, witnesses, and experts.
Dow and Fluor contend that the cases are distinct enough to warrant separate trials, noting that Hales was a carpenter possibly exposed indirectly to asbestos, whereas Adams worked directly with asbestos insulation. However, the families argue that these differences are not significant enough to outweigh the benefits of consolidation, such as saving court time and resources.
The families emphasize that there is no legal or practical reason to keep the cases separate, pointing out that such a move would not confuse jurors or result in unfairness. They highlight the longstanding legal tradition and modern precedents that support consolidating cases to promote judicial efficiency. Numerous courts have combined similar mass tort cases, they note.
Families Advocate for Joined Cases to Enhance Efficiency and Judicial Economy
According to the families, the Hales and Adams cases share multiple commonalities including the same disease, workplace, type of exposure, time frames, legal claims, discovery processes, witnesses, defendants, and even attorneys.
Jordan Blumenfeld-James, representing the families with Dean Omar Branham Shirley LLP, told Law360 that although the two cases naturally align, consolidating them would optimize resource use and ease the court’s burden.
Blumenfeld-James stressed the general judicial and public interest in utilizing resources efficiently and ensuring that the courts operate effectively without being overloaded.
