More abatement projects can be expected in the future. Many owners have sued or will sue asbestos manufacturers for the cost of the abatement action. Plaintiffs in such asbestos cases often sue almost all asbestos manufacturing companies in the hope of recovering damages even though many of the companies may not have even produced the type of asbestos product in question. It is not uncommon to see as many as 50 manufacturers listed as defendants in an asbestos property damage case because of the lack of information about the identity of such materials, especially in preparation for the proceedings. In these cases, defendants are reluctant to settle a case in which their product may not be present and plaintiffs are reluctant to overlook a possible supplier of asbestos materials as a defendant.
Judges are reluctant to press either side to make concessions, thereby prolonging the case.
The reluctance of all parties to push the case forward or to end it is often due to the unavailability of critical information to both claimants and defendants. It is our hope that by making this information available at the initiation of a suit, the number of suppliers of asbestos-containing materials typically joined as defendants in asbestos property damage lawsuits might be substantially reduced. By making this information available at the start of judicial proceedings, procedural delays caused by the search for it or by litigation over its disclosure once a lawsuit is undertaken can be reduced. This information will also help to relieve the case load of a court system that is already heavily burdened. Manufacturers whose products are not present in the buildings can be spared being involved in lengthy proceedings.