Asbestos Court to resolve hundreds of claims

Legal Business

The Montana Supreme Court on Tuesday issued an order creating an asbestos claims court to resolve hundreds of Libby asbestos-related cases pending in the state’s trial courts.

The cases have languished for years because W.R. Grace & Co. — the owner of the defunct vermiculite mine near Libby that is blamed for widespread asbestos disease and death in that community — filed for bankruptcy protection shortly after the Montana Legislature passed the Asbestos Claims Court Act in 2001. Now those cases can proceed in the state court system.

The high court’s order places all pending asbestos cases into a specialty court. Flathead District Judge Amy Eddy, who has an extensive background in complex civil litigation, will preside over the court initially, handling pre-trial proceedings.

“It’s an enormous responsibility, but resolution needs to be brought to these cases,” Eddy said. “It would be devastating to the judicial resources, which are severely underfunded, if they were to be litigated on an individual basis.”

Eddy said her work with the District Court is and will remain a priority, and stressed that no local resources will be used for the asbestos claims court. The venue will be in the Montana Supreme Court, “as a specialty court, using their resources,” she said.

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Grounds for Divorce in Ohio - Sylkatis Law, LLC

A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party

Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party

However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.

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