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Mesothelioma News

Mesothelioma Case Removed From New York Court Will Be Expedited in Federal Court

A mesothelioma lawsuit that was originally filed in the New York State Supreme Court specifically because the victim’s health condition is so dire will be heard instead in Federal Court – but the judge in the case has taken specific action to make sure that the case will be heard quickly.

There is no real mystery as to how Michael Donahue was exposed to the asbestos that caused his malignant mesothelioma. He spent his younger years serving as a machinist and fireman in the United States Navy, and after his service was complete and he left the military, he continued working as a wiper and assistant marine engineer with the New York City Fire Department. His job responsibilities in all of these positions exposed him to asbestos as he repaired, maintained, inspected and cleaned pumps, valves, boilers and turbo-generators that were insulated with the deadly carcinogenic material. Once he was diagnosed, he and his wife Ann knew that he had only a short time left to live, so they hoped that their case could be move to New York’s “in extremis” docket to be heard in April of 2018.

The defendants in the case filed a motion for the mesothelioma lawsuit to be moved to Federal Court because they had provided their contaminated material as part of contractual agreements with the United States. On hearing the case, the judges recognized that this argument was legally appropriate, and agreed that it should be moved. At the same time, however, they recognized that moving the case would generally represent a significant delay in the case being heard, and that if the case were not moved it would have been accepted onto the in extremis calendar. As a result, the judge granted the defendants’ motion, but also ordered that the case be expedited to trial. They scheduled a status update on all remaining pre-trial discovery be submitted by December 1st of 2017, with a conference to be held on December 5th of 2017.

It is essential that mesothelioma victims have experienced attorneys representing them and making sure that all aspects of their situation are heard and understood. For more information on legal representation near you, contact us today at 1-800-966-2244.