Ore. Court Affirms Decision Ordering New Trial in Asbestos Case, Cites Plaintiffs’ Failure to Disclose Evidence of Other Exposures

SALEM, Ore. –– An Oregon appellate court has upheld a trial court’s decision ordering a new trial in an asbestos case, finding that the plaintiffs’ failure to disclose documents relating to other alleged exposure constituted misconduct and these actions “materially affected defendant’s substantial rights.”

In an Aug. 26 opinion, the Oregon Court of Appeals upheld the trial court’s finding that “local counsel deliberately withheld discovery, and the record supports that finding.”

“Thus,” the court said, “the court did not err in determining that there was misconduct.”

The plaintiffs asserted the claims on behalf of Robert Golik, contending that his mesothelioma …