Court Of Appeals Overturns Grace Judge Ruling

The 9th United States Circuit Court of Appeals overturned a ruling on Friday made by W.R. Grace trial Judge Donald Molloy regarding thirty-four witnesses for the prosecution that the federal government claims to be victims of asbestos exposure.

On February 13th Molloy ruled that the witnesses did not meet the requirements to be considered “victims” of asbestos due to the fact that they are not identifiable victims of any crime.

Asbestos is known to cause a number of debilitating and deadly diseases which tend to not show on diagnostic tests for up to fifty years. Such diseases include lung cancer, asbestosis, and mesothelioma. Because the latency period for such diseases is so long it is very difficult to treat them by the time diagnosis occurs. In many cases victims of such exposure will live for only a short time following initial diagnosis.

Three judges for the appellate court overturned Molloy’s ruling and Molloy was ordered to find reason for the exclusion of each individual victim rather than the group of victims.

Federal prosecutors filed a petition in hopes of overturning Molloy’s decision and allowing the victims to be present for the trial.

Source : Forbes.com