We’ve been looking in recent posts at some tort reform measures that are currently being pushed in Congress which could impact asbestos litigation if passed. These measures include the Fairness in Class Action Litigation Act and the Lawsuit Abuse Reduction Act. A third bill that could have an effect on asbestos litigation is the Furthering Asbestos Claim Transparency Act (FACT).
You may hear someone say the word asbestos and immediately connect negative connotations to the substance. For years, this material acted as a staple in many building projects, as it had resistance to chemicals and heat as well as flame retardant and non-conductive properties. Though many individuals have recognized the potential hazards of this material, asbestos has continued uses in some areas.
In our previous post, we began looking at the Fairness in Class Action Litigation Act, which is part of a larger package of bills aimed at reforming the tort system at the federal level. As we noted last time, the bill is aimed particularly at making it more difficult for plaintiffs to bring class actions, which will assuredly impact asbestos class action litigation if it is approved and signed into law. The bill does this not only by altering the requirements for class certification, as we mentioned last time, but also
Readers who follow the happenings in Washington D.C. may have heard that Republicans in the U.S. House of Representatives are currently pressing a handful of bills aimed at reforming the tort system. Tort reform has long been a battle fought at the state level, but the series of bills currently being advanced aims to make changes that would have a national impact.
According to a report recently published by the Centers for Disease Control and Prevention, the number of annual mesothelioma deaths between 1999 and 2015 increased 4.8 percent, from 2,479 to 2,579. The total number of mesotheliona deaths during that period was 45,221.
Previously, we began looking at a recent asbestos case appealed to the Fifth Circuit Court of appeals on the issue of whether a company was entitled to remove the suit to federal court. As we pointed out, the company in the suit intended to take advantage of a federal statute granting immunity to government contractors under certain circumstances, and the court ultimately ruled in favor of the company.
The technicalities of asbestos litigation can be complicated, as anyone who has been involved in such litigation knows. This is especially true of cases where there are questions about the desirability of state or federal court for the lawsuit, and when a party tries to move litigation from the original court where it was filed.