Third Circuit Opinion Points Out Fraud by Asbestos Defendant

The Third Circuit's precedential opinion highlighted the fraud that BASF and its attorneys engaged in against asbestos victims, denying that any litigation privilege extend to BASF under these circumstances.

Plaintiffs' claimed that BASF, its predecessor, and its attorneys knew that its talc contained asbestos and hid evidence to shield the company from liability in lawsuits. Due to these false representations that BASF talc was asbestos-free, former plaintiffs were forced to dismiss, discontinue or settle their cases for de minimis amounts.

In response to BASF's actions, the Third Circuit stated: "New Jersey's Supreme Court has never recognized the litigation privilege to immunize systemic fraud, let alone fraud calculated to thwart the judicial process." Hopefully this stern criticism will help stop BASF and other large corporations from future dishonesty. To find out more on the litigation privilege and BASF's fraudulent actions, check out The Legal Intelligencer's article.