Question

In the Johns-Manville asbestos litigation, Samuel Greenstone, an attorney for 11 asbestos workers, settled their claims for $30,000 and a promise that he would not "directly or indirectly participate in the bringing of new actions against the Corporation." The 1933 case settlement was documented in the minutes of Johns-Manville’s board meeting. Could the information in the minutes be used in later litigation against Johns-Manville?

Answer 1

The minutes from the 1933 settlement in the Johns-Manville asbestos litigation could potentially be used in later litigation against the company, as they might provide important historical context or evidence of company policies and knowledge about asbestos risks. However, their admissibility would be subject to legal standards and may be impacted by issues of attorney-client privilege and contractual commitments.

Step-by-step explanation:

In the Johns-Manville asbestos litigation, the minutes documenting the 1933 case settlement could potentially be used in later litigation against Johns-Manville. Such minutes might demonstrate prior knowledge of asbestos-related risks and previous settlements, which could inform subsequent legal action or provide historical context for the company's handling of asbestos claims. As part of the evidence, these minutes could be presented to argue various aspects such as company policies, the nature of agreements with workers, and the potential willful concealment of hazards associated with asbestos exposure.

However, there might be complexities pertaining to attorney-client privilege, legal ethics, and contractual commitments that could influence whether and how such information is admissible or relevant in future lawsuits. It's important to note that the context in which this information is used, and the evolving legal standards over time, would play a critical role in determining its utility in litigation.