Shein Law Center

Shein Law Center is a law firm based in Philadelphia, Pennsylvania. Shein specializes in representing asbestos plaintiffs.

Leadership

The Shein Law Center is managed by Benjamin Shein. He is a graduate of the University of Miami School of Law.[1][2]

Racketeering cases

In January 2014, Garlock Sealing Technologies filed suit against the Shein Law Center for conspiracy, fraud, and violations of the Racketeer Influenced and Corrupt Organizations Act (RICO).[3][4] Only the first page of the complaints were filed publicly, with the remainder filed under seal to protect confidential information about previous asbestos lawsuits.[5] Since then, several other mesothelioma cases have used this opinion to alter or beg reconsideration for discovery in civil tort action.[6][7]

According to an article in Legal Newsline, "The defendants deny the assertions in the lawsuit and believe critical evidence to prove their allegations include documents including at least three New York law firms – meaning the necessary evidence is located in New York." As the civil RICO act case heated up, more legal scholars began to follow the case and its far reaching implications for tort liability.[8] Additionally, the U.S. Department of Justice filed an opinion in the case saying that Garlock's use of the 2019 filing procedure was correct, and Judge Hodges granting of disclosure of that information also correct, the judge erred in granting further access, and asked that his decision be reversed.[9]

In March 2016, Garlock voluntary dropped its RICO claims and a federal judge agreed to stay the cases. As part of the greater settlement package the action will be dismissed with prejudice.[10]

During discovery, Shein was forced to disclose that it filed claims against Owen Corning's and EaglePicher on behalf of shipyard worker and mesothelioma sufferer Vincent Golini. During his 2009 suit against Garlock, Golini testified that he had never used products from those companies. Shein filed those claims using affidavits dated before Golini's testimony.[11]

John Crane Group filed a lawsuit against the Shein Law Center on June 6, 2016 in federal court in Illinois. The suit alleged that Shein withheld evidence in violation of the RICO Act in cases brought against John Crane by sufferers of mesothelioma. Benjamin Shein was also personally named as a defendant. Specifically, the suit alleges that Shein failed to disclose during discovery that their clients had been exposed to products containing asbestos made by other companies and intentionally delayed filing claims against those companies' bankruptcy trusts. John Crane said that it would have avoided judgements and "substantial defense costs" if it had known this information.[12][13]

In another complaint, John Crane alleged that Shein "fabricated false asbestos 'exposure histories' for their clients in asbestos litigation … and systematically concealed evidence of their clients' exposure to other sources of asbestos."[13]

gollark: The cursor is slightly jittery and it may be taking as much as 100ms to do things.
gollark: A hilariously slow one, admittedly.
gollark: HA. My incredibly janky method worked and I have a terminal open on the server.
gollark: I have decided to manually download the relevant packages from the Alpine mirrors.
gollark: Why does this server not even have an SSH client installed what even oh beeoids.

References

  1. Fisher, Daniel (10 January 2014). "Embattled Gasket Maker Sues Asbestos Lawyers For Fraud". Forbes. Retrieved 10 November 2014.
  2. Legal Newsline Staff Writer (12 September 2014). "Future could see more RICO cases like Garlock's, expert says". Washington Examiner. Retrieved 10 November 2014.
  3. Heffner, Emerson (10 January 2014). "Garlock Sues Law Firms, Alleging Fraud Over Asbestos Claims". Legal Newsroom Litigation Blog. LexisNexis. Retrieved 10 November 2014.
  4. Zimmerman, Heather K. (21 February 2014). "New Hope for Asbestos Defendants in Preventing Fraud". GS Risk Mitigation Blog/ Product Liability Playbook. Goldberg Segalla. Retrieved 10 November 2014.
  5. Aebra, Coe (8 April 2015). "Belluck & Fox Says Garlock 'Fishing' In Asbestos RICO Suit". Law 360. Retrieved 20 October 2015.
  6. Reynolds, Rachel (February 2014). "It's a Matter of Trust: The Garlock Decision as an Impetus for Increased Transparency Legislation in the Asbestos Trust Arena". Toxic Tort and Environmental Law Update. Sedgwick Law. Retrieved 10 November 2014.
  7. In re: Motions for Access of Garlock Sealing Technologies LLC., No. 11-1130-LPS (D. Del March 15, 2013)
  8. http://legalnewsline.com/stories/510704392-federal-judge-agrees-to-stay-rico-cases-against-asbestos-plaintiffs-firms
  9. Nickey, Lowell (17 May 2017). "Evidence-Manipulation Claims Dog Asbestos Lawyer". Courthouse News. Retrieved 27 July 2017.
This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.