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
The bill would also affect multidistrict mass tort litigation involving asbestos claims by requiring plaintiff’s lawyers to submit evidence demonstrating the claims have been adequately investigated and that there are medical records proving there is an injury. The bill also includes measures to prevent plaintiffs’ ability to pursue mass torts in state court.
Another bill currently under consideration, known as the Lawsuit Abuse Reduction Act, modifies the Federal Rules of Civil Procedure by requiring, rather than merely permitting, judges to sanction attorneys who file frivolous lawsuits. This is just another of a package of bills that could impact plaintiffs. We will keep readers updated with any developments regarding these bills, and especially on their impact on asbestos litigation, should they be passed into law.
Those who have been impacted by Asbestos litigation should, of course, always work with an experienced attorney not only to determine the best avenue for pursuing compensation, but to build the strongest possible case and effectively navigate the legal system.