Multicystic Mesotheliomas, Sarcomatoid Mesothelioma

Originally, asbestos litigation was often heard in federal court. However, as the amount of litigation has increased and public mesothelioma  awareness has grown, these cases have been shifted to the state level. However, corporate defendants invariably appeal any judgment in favor of the plaintiff, meaning that the case moves up to an appellate court. Because the cost of settling such litigation has been so high, many asbestos corporations have entered Chapter 11 bankruptcy. Many more claims are  mesothelioma presented to bankruptcy trust funds than in court.

Asbestos cases brought in state courts tend to move faster than those brought before the federal court. For that reason, mesothelioma lawyers will almost always seek to have an asbestos suit heard in a state court, if they can.. If the Federal courts begin to conduct trials at a faster pace, this trend may change.
The Litigation

Asbestos litigation has generally been favorable to the plaintiff, although no one can predict the outcome of any specific mesothelioma  case; most of those favorable awards are reduced on appeal, particularly when punitive or non-specific awards (i.e., pain and suffering, loss of consortium, etc.) are involved. Awards that can be quantified and documented (medical expenses, loss of income, etc.) are more frequently upheld