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statistics are beyond impressive. Simply put, they are eye-popping.
Since 1991, Judge Charles Weiner has presided
over 105,000 asbestos-related lawsuits. He has closed out 78,000 of them.
Because one lawsuit can represent many plaintiffs’ claims against
an even larger number of defendants, the lawsuits represent more than
10 million individual claims.
About 60 percent of those claims –
six million – have been resolved.
“I knew this litigation was going
to run a long while,” Weiner says of the assignment he accepted
from the Judicial Panel on Multidistrict Litigation a dozen years ago.
That was two years after he took senior status as a member of the U.S.
District Court for the Eastern District of Pennsylvania. “It has
been both interesting and challenging,” he says.
Robert Cahn, executive attorney for the
Judicial Panel, says Weiner is “universally acclaimed” by
the panel’s judges for his work in the asbestos cases. “He
has saved the entire Judiciary an enormous amount of work, and has greatly
reduced the costs of the federal litigation,” Cahn says.
Asbestos, a fire-retardant mineral, routinely
was used in the construction of buildings, ships, automobiles and in many
other products before the 1970s. Asbestos since has been identified as
a cause of certain cancers.
To date, more than 600,000 persons nationwide
have filed claims in state and federal courts against companies allegedly
linked in any way to their exposure to asbestos.
Litigation costs so far top $54 billion in what the RAND Institute for
Civil Justice calls the longest-running mass tort litigation in U.S. history.
About 80 percent of all pending asbestos cases today are in state courts.
“Judge Weiner is truly an unsung hero
of the federal Judiciary,” says Leonidas Ralph Mecham, director
of the Administrative Office of the United States Courts. “His work
on asbestos litigation is an incredible accomplishment.”
Judge Edward Becker of the U.S. Court of
Appeals for the Third Circuit says, “Given the absolutely fantastic
number of settlements that Judge Weiner has produced every year for decades,
I think he is the single most effective federal trial judge in the whole
system.”
Chief Justice William Rehnquist also has
praised Weiner, saying his “record of achievement over the years
... demonstrates both unwavering dedication to the administration of justice
and high standards as a public servant – a record matched by few.”
Weiner, a soft-spoken man whose humor is
largely self-deprecating, seems embarrassed by such praise. “I knew
what this job was about when I took it in 1967,” he says. “People
don’t come into court unless they have a problem. While seeking
common ground, I should have sympathy for the person who brings the suit
and understanding for the person on the other side who is resisting it
for some reason.”
Senior status can mean semi-retirement for
a federal judge, but while handling the overwhelming majority of federal
asbestos lawsuits Weiner has maintained a full caseload. He carries an
average of 350 non-asbestos cases as well. One of his two permanent law
clerks assists him in handling asbestos cases only; the other assists
him in the rest of his caseload. His secretary also is a longtime employee.
“The three of them know all my idiosyncracies,” he explains
with a chuckle.
Now 80, the judge sees no reason to slow
down. After all, he earned his Ph.D. in political science while in his
50s and already a federal judge. “Politics was always a fascination,
the conjunction of politics and the law,” he says. For years, he
taught the subject as an adjunct instructor for the University of Pennsylvania
and Temple University.
“Charlie Weiner exemplifies public
service and everything it should be,” says an Eastern District of
Pennsylvania colleague, Judge Franklin S. Van Antwerpen.
“A man with his legal knowledge and people skills could have become
very wealthy in the practice of law, but he chose the path of public service.
We in this court, and in this nation, are forever in his debt for quietly
and efficiently doing so.”
Early on in the asbestos litigation, Weiner
gave priority to the very sick and to victims with malignancies. The practice
has its critics, but Van Antwerpen praises Weiner for “making certain
that those who are sick and dying were the beneficiaries, rather than
exhausting the funds available to them by paying them to persons who are
asymptomatic.”
Weiner says he does the best he can each
day. After driving from the apartment he shares with his wife of 55 years,
he most days walks the stairs to his sixth-floor office in the federal
courthouse. “I enjoy the exercise,” he says, adding that he
tries to play tennis two or three times a week.
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