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Tort reform bills would restrict access to courts for asbestos plaintiffs, P.2

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

Tort reform bill would restrict access to courts for asbestos plaintiffs

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.

Jurisdiction among the procedural issues involved in asbestos litigation, P.2

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.

Jurisdiction among the procedural issues involved in asbestos litigation, P.1

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.

Will Congress be able to pass tort reform measure this year?

Republican lawmakers in the House Judiciary Committee will reportedly again have the opportunity to consider legislation aimed at asbestos tort reform. Last week, Texas Representative Blake Farenthold apparently re-submitted for consideration a bill called the Fairness in Class Action Litigation Act. The bill was originally introduced back in 2015 and then rolled into the Further Asbestos Claim Transparency Act in 2016.

Looking at employer responsibilities regarding employee asbestos exposure, P.3

We’ve been looking in recent posts about employer responsibilities, and employee rights, when it comes to workplace accidents. These responsibilities include OSHA regulations and penalties, as well as workers’ compensation insurance responsibilities.

Looking at employer responsibilities regarding employee asbestos exposure, P.2

Previously, we began speaking generally about the workplace safety responsibilities employers have with respect to asbestos exposure. As we noted, employers are bound by various safety requirements, including those enforced by OSHA, and can face penalties for failing to abide by these rules. Employees who are harmed by an employer’s violations of these rules can and should see to it that these violations are reported to the proper authorities.

Looking at employer responsibilities regarding employee asbestos exposure, P.1

Many cases of asbestos exposure occur, or have occurred, in connection with employment. Workers who have been exposed to asbestos on the job and who, years later, develop serious asbestos-related medical conditions have the right to hold their employer responsible and to seek appropriate compensation.

Asbestos has been in a wide range of products

While asbestos is still used in some products, its use is down quite a bit from where it once was. Prior to the late 1980s, it was used in all sorts of products. This includes: flooring products, ceiling products, wall products, roofing products, chimney products, heating/cooling system products, electrical products, welding products, auto products, turbines, kilns and ovens. Lists of some of the products within these categories that asbestos used to commonly be in can be found on our firm’s page on asbestos exposure.

Diseases Related to Asbestos Beyond Mesothelioma

Most people who own a television have seen ads that are directed towards victims of asbestos exposure or who have passed away from an asbestos-related disease known as mesothelioma. Mesothelioma is almost always fatal. However, if it is diagnosed and treated as soon as symptoms begin to manifest, victims might add decades to their life expectancy.