Court Erred in Awarding Costs in Proportion to Number of Defendants in Asbestos Case

SAN FRANCISCO - A trial court erred in its decision to assess fees against a settling defendant in two asbestos cases proportionate to the number of additional defendants that were originally named in the suit, a state appeals court has ruled. Rodriguez, et al. v. Honeywell International, Inc., No. A100995, (Calif. App. Ct., First Dist.).

In a decision issued Dec. 29, the First District California Court of Appeal said that there was no statutory authority supporting the trial court's apportionment of costs to Honeywell International, Inc., based on such a formula.

'In fact, case law expressly prohibits this type of …