In an article published by Mealey’s Litigation Report: Asbestos on January 14, West Virginia partners Tom Hancock and Marc Williams examined how West Virginia’s asbestos litigation landscape is undergoing a significant transformation after decades of defendant over-naming and procedural inefficiency.

The article highlights West Virginia House Bill 2495, enacted in 2021, which introduced sworn disclosure requirements to curb speculative filings by requiring plaintiffs to identify specific exposure evidence early. Its impact accelerated following active enforcement by defense counsel and the 2023 amendment to the West Virginia Asbestos Case Management Order (CMO), which mandated a meet-and-confer process to resolve disclosure gaps, allow early dismissals, and facilitate the exchange of meaningful evidence without unnecessary motions.

That momentum continued with the Supreme Court of Appeals’ appointment of Senior Judge Jack Alsop in 2025. Judge Alsop cleared thousands of old, unresolved cases, streamlined dismissals through further CMO revisions, and signaled a hands-on approach to motions with detailed, comprehensive rulings, marking a clear shift toward active judicial management.

“The over-naming statute and this new judge represent a pivotal shift in asbestos litigation in the Mountain State, beginning the process of transforming West Virginia’s docket from volume-driven to evidence-driven."

You may read the full article here.