The Garlock opinion certainly is generating lots of words – many of them pretty useless. Unfortunately, the opinion motivated Joe Nocera to offer his second recent and mainly fact-less and useless commentary on asbestos litigation – see here on his prior piece. And the comments I saw under the article almost uniformly (not all) reveal that the commenters lack factual knowledge of the litigation (as does Mr. Nocera) and instead they simply "think" in terms of spin and demonizing groups they’ve been taught to blame. Thus, reactionary Type 1 thinking predominates over critical, objective Type 2 thinking, and our litigation system is the worse for it. Mr. Nocera’s articles are mainly useful as proof that litigation secrecy orders impede the flow of accurate litigation-related information to policymakers, the press and the public.
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