Asbestos Suits Converted Into National Class Action
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LEAD: A Federal judge in Cleveland approved a nationwide class action of all personal injury asbestos lawsuits yesterday, consolidating more than 100,000 cases onto his docket and beating to the punch a Federal judge in Brooklyn who expressed the same idea last week. A Federal judge in Cleveland approved a nationwide class action of all personal injury asbestos lawsuits yesterday, consolidating more than 100,000 cases onto his docket and beating to the punch a Federal judge in Brooklyn who expressed the same idea last week. The certification of the class action by Judge Thomas D. Lambros, chief judge of the United States District Court for the Northern District of Ohio, reflected the frustration among judges who are coping with the overwhelming problem of the growing number of asbestos lawsuits. The suits represent the largest number of personal injury cases on Federal and state dockets. The judge’s order came seven days after Federal District Judge Jack B. Weinstein of Brooklyn said he was strongly inclined toward approving a nationwide class action in asbestos cases with the intent of cutting back the enormous fees awarded to lawyers in the cases. The Ohio order was issued without a hearing or motion, solely on the judge’s intitiative, prompting lawyers to speculate that Judge Lambros moved to maintain control over asbestos cases rather than lose ground to Judge Weinstein. In a telephone interview yesterday evening, Judge Lambros said he was acting ”to maintain the status quo.” ”I don’t think there ought to be jurisdictional competition, but we ought to be working cooperatively,” he said. ”There has been a lot of discussion throughout the country about class actions. This is not an attempt to supersede or usurp the jurisdiction of any court.” He strongly denied reports that he had acted at the urging of a group of plaintiffs’ lawyers. Several sources said these lawyers had sought him out last week after meeting in Chicago and expressing concern that Judge Weinstein’s action threatened to slash their fees. Judge Lambros, asked about this, replied that he had not met with any lawyers for plaintiffs or acted on their behalf. ”If any request would have been made, then I would have called the opposition and sought their opinions,” he said. ”It’s not nice to suggest that I was requested by anyone to do this.” Lawyers said that it was likely that his order would be appealed by some plaintiffs and defendants who have fought successfully in the past against the establishment of asbestos class actions. But the order will not likely set off a judicial tug-of-war between Judge Lambros and Judge Weinstein, two strong-willed and innovative judges who have struggled independently to find a nationwide solution to the enormous wave of asbestos litigation. Judge Weinstein declined comment, but he told associates that he was inclined to yield to Judge Lambros for now, in part because of his growing belief that a nationwide class action might be overturned ultimately by a Federal appeals court. More : query.nytimes.com |