Saturday, June 10, 2006

Dismissal Motion Based on Alleged Fraudulent Screenings

Well, that could be a big deal.

[A] coalition of 47 companies last week asked a federal judge to dismiss tens of thousands of pending cases, alleging that the vast majority of them are premised on flawed or fraudulent medical diagnoses.

In the motion, defense lawyers say they are targeting claims that stem from "mass medical screening enterprises" which, they say, have clogged the courts with thousands of bogus asbestos claims.

In the motion, the asbestos defendants are asking [MDL Judge] Giles to do two things.

First, they want the judge to exclude all expert testimony from six doctors who the companies say either have taken the Fifth Amendment against self-incrimination when asked to testify about their methods or have disavowed diagnoses attributed to them.

* * *

The second request is that Giles "dismiss without prejudice all nonmalignant cases" in MDL 875 "subject to reinstatement upon production by plaintiffs ... of diagnosing documents by a doctor other than the six doctors."

http://lawprofessors.typepad.com/tortsprof/2006/06/dismissal_motio.html

Experts & Science, MDLs and Class Actions, Products Liability | Permalink

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