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Published on 1/21/2015 in the Prospect News Distressed Debt Daily.

Garlock asbestos plaintiff counsel: court logs show nothing withheld

By Kali Hays

New York, Jan. 21 –Documents related to Garlock Sealing Technologies, LLC’s lawsuit against Simon Greenstone Panatier Bartlett, PC on claims that the law firm concealed evidence of Garlock asbestos claimants’ prior exposure to asbestos materials were unsealed on Tuesday, according to a news release from Simon Greenstone.

Garlock filed a Racketeer Influenced and Corrupt Organizations suit against Simon Greenstone in January 2014 alleging that the firm had misled the company in “settling certain lawsuits brought by mesothelioma victims” that had been exposed to asbestos thermal insulation products that are not manufactured by Garlock.

“Even a cursory review of the court record, which includes scores of email communications between Garlock’s lawyers and Simon Greenstone, clearly shows that Simon Greenstone never concealed evidence or misled Garlock,” Michael Magner, lead Simon Greenstone attorney, said in the release.

The firm said that in each of the three specific instances Garlock claimed it had not been informed of a claimants prior asbestos exposure.

“Simon Greenstone’s clients themselves identified exposure to asbestos insulation products in their own depositions and Simon Greenstone’s and other defense experts all likewise admitted to and testified about the exposures,” he stated.

“It is clear that Garlock knew that it was responsible and was desperate to avoid having the evidence aired in public in front of a jury. It is beyond the pale that Garlock would make such boldly false claims in order to try and work a better deal for themselves in bankruptcy,” Magner continued.

As previously reported, Garlock’s official committee of asbestos personal injury claimants sought to reopen the record of the company’s asbestos liability estimation hearing that concluded in January 2014 having found evidence related to the alleged withholding of third-party asbestos exposure evidence.

Garlock is a subsidiary of Charlotte, N.C.-based EnPro Industries Inc., which makes sealing products, bearings, compressors and engines. Garlock filed for bankruptcy on June 5, 2010 under Chapter 11 case number 10-31607.


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