Comments on: “The Smoking Congresswoman and Her Asbestos Lawsuit”

By: Nocera on the "asbestos scam" - Overlawyered

Nocera on the "asbestos scam" - Overlawyered — Tue, 03 Dec 2013 13:00:04 +0000

[…] Perhaps it was overreach for a prominent New York City plaintiff’s law firm to file asbestos litigation on behalf of Rep. Carolyn McCarthy, the famously chain-smoking Long Island Congresswoman now fighting lung cancer, against General Electric, Pfizer and more than 70 other companies. The high-profile case is focusing public attention on the legal fictions by which lawyers have been lassoing seemingly conventional lung cancer cases and bringing them into the asbestos litigation system [Joe Nocera, New York Times; earlier] […]

By: Tom Ritter

Tom Ritter — Thu, 21 Nov 2013 20:09:21 +0000

Anyone who is upset about this case proceeding does not know anything about mesothelioma causes. Many of those who have won settlements have been smokers. Do 5 minutes of homework before you get on your soap-box.

By: William Nuesslein

William Nuesslein — Thu, 14 Nov 2013 11:16:37 +0000

If the Congresswoman was diagnosed with mesothelioma, then the claim against asbestos makes sense as smoking is considered only a risk factor for the asbestos effect.

I suspect we have a case of statutory presumptions overruling common sense.

By: mjs

mjs — Thu, 14 Nov 2013 01:08:49 +0000

Let me second the sentiment….. “increasingly dismayed by the uses to which our civil justice system is put.”

By: Igor

Igor — Thu, 14 Nov 2013 00:01:36 +0000

IANAL, but the sheer chutzpah of this poly-tick critter makes me shake my head in wonderment.
And, regrettably, it will not be summarily thrown out of court, but will proceed. I’m sure of it. We now live in Bizarro Land.
How in the world is she going to even *prove* her claim?!?!