Two New Jersey-based litigators—Christopher Placitella of Cohen, Placitella & Roth and Jeffrey Pollock of Fox Rothschild—spent years investigating what they’ve called a fraudulent scheme by BASF Catalysts (formerly Engelhard Corporation) and its lawyers to minimize the company’s asbestos liability. Placitella and Pollock’s labors paid dividends on Wednesday, when an appeals court allowed asbestos claimants they represent to proceed with a fraud case against BASF and its former lawyers at Cahill Gordon & Reindel.
No matter what happens next in the fraud case, which is far from over, this week’s ruling is likely to be cited for years because of its stirring declaration that lawyers can—and should, as a matter of policy—be held liable for egregious misstatements on behalf of clients.
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