South Carolina Attorney General Alan Wilson announced on Mar. 16 that he is leading an 11-state friend-of-the-court brief to the Delaware Supreme Court, expressing concerns about plans by certain asbestos bankruptcy trusts to destroy documents and data related to past claims and compensation payments.
The issue is significant because these records are considered important for both individuals and businesses involved in litigation. Wilson said, “Documents like these are important to preserving information for individuals and businesses alike. Transparency and fairness are critical in litigation, and by allowing these documents to be destroyed, we are opening the door to corrupting the legal process.”
Several states have enacted laws aimed at improving transparency in asbestos trust claims. The potential destruction of these records could undermine such laws and make it more difficult for courts and individuals to resolve cases fairly. “Our goal should be to do what is ethical and legal,” Wilson stated. “It’s commendable to protect personal information. But the complete elimination of these documents would have great harm on the integrity of the legal process.”
Wilson led this effort with support from attorneys general in Delaware, Alabama, Alaska, Arkansas, Georgia, Iowa, Louisiana, Mississippi, South Dakota, and Texas.
The South Carolina Attorney General supports victims of crime through advocacy and resources as part of its role in community safety according to the official website. The office also serves as the state’s primary legal advocate and enforcer by handling prosecutions and regulations according to the official website. Wilson has served as head of this office according to the official website, which operates across South Carolina according to the official website.
Additionally, the Attorney General enforces laws related to securities and consumer protection according to the official website and collaborates with state law enforcement agencies on criminal prosecutions according to the official website.
Observers will be watching how this multi-state effort may influence future decisions regarding record retention practices within asbestos bankruptcy trusts.
