South Carolina Attorney General Alan Wilson, along with attorneys general from 14 other states, has expressed significant concerns regarding reports of asbestos bankruptcy trusts planning to destroy documents and data related to past claims and compensation payments. The coalition urged these trusts to halt any planned destruction of such records.
In a recent letter addressed to several asbestos bankruptcy trusts, Wilson highlighted the risks associated with eliminating these documents, which are crucial in maintaining fairness and transparency in asbestos litigation. "These documents play a vital role in ensuring fairness and transparency in asbestos litigation," emphasized Attorney General Wilson. "They are often essential for verifying claims, uncovering fraud, and protecting the integrity of the legal process—not to mention safeguarding taxpayer funds."
Various states have enacted laws aimed at improving transparency concerning asbestos trust claims. The destruction of these records could hinder these laws' effectiveness and impede individuals' and courts' ability to adjudicate cases fairly.
Moreover, the letter references judicial decisions affirming the significance and necessity of trust claim records in determining liability and causation in asbestos cases. In some instances, the data from these trusts have been instrumental in supporting and refuting asbestos exposure claims.
Concerns grow further, given reports suggesting the destruction might be intended to avoid compliance with future subpoenas. "If these allegations are true, they are deeply troubling," said Attorney General Wilson. "We hope the trusts take these concerns seriously and do what is right—not just legally, but ethically."
The Attorney General’s Office has committed to closely monitoring the situation and is prepared to take further action if necessary to protect South Carolinians' interests and uphold the rule of law.
Joining Attorney General Wilson in the initiative were attorneys general from the states of Alabama, Georgia, Iowa, Louisiana, Mississippi, Missouri, Montana, Ohio, South Dakota, Tennessee, Texas, Utah, Virginia, and West Virginia.
More details can be found in the full letter.