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Over-naming continues to be a problem in W Va asbestos cases, study shows

CHARLESTON – A new report calls West Virginia the epicenter for the over-naming of defendants in asbestos litigation, with one recent case having 210 defendants. The study, released January 18 by the Mississippi law firm of Gay Jones & Kuhn, also says the high rate of dismissals in such cases validates the over-naming problem. It says there is an increasing trend of plaintiffs attorneys to “sue first and discover facts later.” “Asbestos litigation continues to create problems for businesses and West Virginia is the epicenter,” attorney Mary Margaret Gay writes in the report. “Over-naming of defendants in asbestos litigation, who have little or no known liability for asbestos-related products, is a serious issue and it is trending upward for companies.”

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