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Asbestos removal ad. REUTERS Mark Blinch

Miss. asbestos judge ordered to step aside

10/6/2011 COMMENTS (0)

NEW YORK, Oct 6 (Reuters) - A Mississippi judge who presided over a stunning $322 million asbestos verdict against Union Carbide Corp earlier this year has been ordered to step aside over an apparent conflict of interest. At the time it was handed down in May by a Mississippi jury, the verdict was called the largest single-plaintiff asbestos award.

Two weeks later, Union Carbide argued that the verdict should be thrown out because presiding Judge Eddie Bowen had violated the Mississippi code of conduct. Judge Bowen failed to disclose that his father was a plaintiff in asbestos cases, including a settled case against Union Carbide, the company said. What's more, the judge had made rulings that could affect some of the claims his father had pending, the company said. At trial, the judge made biased remarks against Union Carbide and its co-defendant, Chevron Phillips Chemical, according to the company.

The Mississippi Supreme Court, in an order filed on Thursday, agreed with Union Carbide. "We find that a reasonable person, knowing all of the circumstances, would harbor doubts about Judge Bowen's impartiality in this particular case," said the Supreme Court, which ordered Bowen to recuse himself.

A message left for Bowen in his chambers in Raleigh, Mississippi, wasn't immediately returned. Allen Hossley, a lawyer for plaintiff Thomas Brown, didn't return a message seeking comment. Scot Wheeler, a spokesman for Union Carbide said in an email that the company was "gratified" by the decision. "Since UCC's motion was granted in its entirety, the Mississippi Supreme Court will direct the new judge, once appointed, to vacate the award," Wheeler said.

The case is Thomas C. Brown, Jr. v. Phillips 66, Civil Action No. 2006-196, Raleigh, Mississippi.

For Thomas Brown: Hossley Embry; Tullos & Tullos.

For Union Carbide: Forman Perry Watkins Krutz & Tardy.

For Chevron Phillips Chemical: Adams and Reese.

(Reporting by Carlyn Kolker)

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