ILR Urges W.Va. Governor to Sign Asbestos Naming Bill

The U.S. Chamber Institute for Legal Reform expresses strong support for West Virginia’s H.B. 2495, the Asbestos and Silica Claims Priorities Act, in a letter to Governor Jim Justice. The letter highlights the persistent issues of fraud and abuse in asbestos and silica personal injury lawsuits, which have historically delayed compensation for legitimate victims. It commends West Virginia’s prior reforms, particularly the 2015 legislation that prioritized impaired claimants and improved transparency between bankruptcy trust and court systems.

The letter emphasizes the growing problem of "over naming" in asbestos litigation, where an excessive number of defendants—often with no real connection to the plaintiff’s injuries—are named in lawsuits. In West Virginia, the average number of defendants per asbestos case is nearly double the national average, with many ultimately dismissed without liability. Despite dismissal, these defendants face significant legal costs and productivity losses, contributing to financial strain and even bankruptcy for some companies.

The Chamber argues that H.B. 2495 would mitigate these issues by requiring an evidentiary basis for naming each defendant, thereby reducing frivolous litigation, cutting defense costs, and streamlining judicial resources. The letter concludes with a call to action for the governor to sign the bill into law, positioning it as a necessary step to protect both businesses and the integrity of the state’s legal system.