South Carolina Supreme Court Rejects Foreign Interference In Asbestos Case and Sets Matter for Oral Argument
South Carolina has spoken, and they are not here for foreign meddling. In a decisive move, the South Carolina Supreme Court set oral arguments for February, rejecting foreign interference in a case that reads more like a legal drama than courtroom procedure.
The issue at hand? A billionaire-backed former asbestos giant, Cape PLC, has spent decades avoiding liability for their deadly legacy. Enter the appointed South Carolina Receiver, tasked with administering Cape’s U.S. liabilities and seeking justice for victims. Cape, with its deep pockets and history of evasion, ran across the pond to the British Court for an assist to further evade the U.S. court system.
Cape certainly found a friend in the UK, as a Penal Notice was issued by the British court, threatening criminal prosecution against the South Carolina Receiver and his legal team. Yes, you read that right: a foreign court attempting to impose jail time on a U.S. attorney for pursuing justice for Americans poisoned by asbestos at the hands of Cape. The British court’s overreach has been utterly astounding, and yesterday, South Carolina delivered a firm response.
In an excerpt from yesterday’s decision, the South Carolina Supreme Court stated:
Any attempt by a foreign court to intervene in and threaten the participants in matters properly pending in the courts of South Carolina would be shocking and indefensible. The dispute giving rise to the English Court's attempt to intervene in these matters involves the appropriate reach of the Receiver appointed by the South Carolina Circuit Court - an issue this Court will hear during its February term of court and resolve after oral argument. As an independent judiciary in a sovereign independent state, we are well-equipped to decide the issues presented to us. In the interim, all parties shall comply with all scheduling orders and rules, and all proceedings in these matters will continue in the ordinary course in the circuit court and this Court.
In a rare alignment of legal authority and boldness, South Carolina essentially told the British Court to mind its own business. This is yet another attempt from Cape to run and hide backfiring miserably. Come February, we will see how this international legal turmoil continues to play out. When that time comes, we look forward to watching South Carolina continue to stand strong and defend its interests and its people.
How We Got Here
If you’re new here, Cape has a long history tied to a product we now know caused severe illnesses and deaths of thousands in the United States: asbestos. By turning a blind eye to the poisoning of American workers and their families, Cape profited immensely from asbestos sales to businesses in South Carolina. When the corruption was uncovered and received legal attention, Cape quickly fled the U.S. to prevent facing accountability.
Today, the company is backed by a convicted felon and billionaire named Mohed Altrad. Cape has enlisted several well-known law firms including Womble Dickinson and Richard Plowden to defend its extensive legal interests. It is interesting to note that these individuals, including Kevin Hall, a former advisor to Governor Mark Sanford, are deploying every trick in the book to defend foreign interests over South Carolinians and their businesses - but that’s a story for another time.
The ongoing legal battle underscores the ever-growing need for corporate accountability in today’s globalized world. Will justice prevail for victims and families who lost it all? Stay tuned for the next chapter.