Court Affirms Defendant's Fee Award Following Plaintiff's Initial Refusal to Settle Now-Dismissed Asbestos Claim

SAN FRANCISCO - A plaintiff in an asbestos case who voluntarily dismissed his claim against a defendant after rejecting the company's offer to waive the costs of litigating the claim in exchange for an outright dismissal is obligated to pay $50,000 in expert witness fees, an appeals court has held. Mitchell v. Holly Sugar Corporation, No. A909520 (Calif. Ct. App., First Dist.).

In a decision affirming the trial court's award of $49,131 to defendant Holly Sugar Corporation, the First District California Court of Appeal held April 16 that the plaintiff is obligated to pay the costs and expert fees because, …