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ARTICLE · 23 MARCH 2014

BASF, Cahill Liable For Asbestos Evidence, 3rd Circ. Told

Jeffrey M. Pollock was quoted in Law360 article, "BASF, Cahill Liable for Asbestos Evidence, 3rd Circ. Told." Full text can be found in the March 13, 2014, article, but a synopsis is noted below.

United StatesLitigation, Mediation & Arbitration

Jeffrey M. Pollock was quoted in Law360 article, "BASF, Cahill Liable for Asbestos Evidence, 3rd Circ. Told." Full text can be found in the March 13, 2014, article, but a synopsis is noted below.

Protections from fraud claims stemming from statements made during litigation cannot be used to shield a company from allegations in a punitive class action accusing the company and its counsel of destroying evidence about asbestos-containing products, the Third Circuit heard.

The plaintiffs say the company and its counsel ruined thousands of product liability suits by destroying evidence about the asbestos content of the company's talc products.

Jeffrey Pollock, who is representing the plaintiffs, argued that a lower court's decision dismissing fraud claims ignored pleadings that conduct by the defendants went beyond simple statements made during the course of litigation.

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