Asbestos law in the United States
The longest, most expensive mass tort in U.S. history.
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Asbestos law in the United States encompasses state and federal regulations, legislation, and litigation addressing the use of, exposure to, and injury from asbestos. It is notable for generating the longest and most expensive mass tort in U.S. history, involving thousands of defendants and hundreds of thousands of claimants, and has led to numerous bankruptcies and the creation of specialized bankruptcy trusts.
Quick Facts
- Field
- Mass tort litigation and regulation
- Jurisdiction
- United States
- Key issue
- Asbestos exposure and injury compensation
- Notable for
- Longest, most expensive mass tort in U.S. history
- Defendants involved
- More than 8,000
- Estimated total costs
- $200 to $275 billion
Facts from the source article.
Background
Ethics allegations against plaintiffs' lawyers have been unsuccessful in stopping litigation. Defense firms allege screening companies with no medical training generate non-malignant claims, and that contingency fees are unreasonable, but courts have not accepted these allegations. Asbestos bankruptcy trusts, established by firms filing for Chapter 11 reorganization, have paid about 2.4 million claims totaling about $10.9 billion up to 2008.
These trusts may pay pennies on the dollar but allow more claimants to receive compensation. Issues of Medicaid and Medicare reimbursement have arisen, with states demanding information from trusts. Courts have reopened discovery when plaintiffs failed to disclose trust claims.
Did You Know?
- The major wave of bankruptcies among the largest U.S. asbestos manufacturers occurred in the late 1990s and early 2000s, not the early 1990s.
- The U.S. Environmental Protection Agency finalized regulations banning imports of chrysotile asbestos as of March 2024, with phase-out timelines of two years for most uses and five years for certain chlor-alkali uses.
Frequently Asked Questions
What is Asbestos law in the United States?
It is the combined body of state and federal regulations, legislation, and litigation that governs asbestos use, exposure, and compensation for those harmed by it. The framework spans workplace safety rules, product-liability claims, and the enormous tort system that has grown around the issue.
What corporate consequences has Asbestos law in the United States produced?
The relentless wave of litigation has driven numerous manufacturers and suppliers into bankruptcy. In response, specialized bankruptcy trusts were established to process ongoing claims without requiring new lawsuits against insolvent entities.
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Sources
Compiled from Wikipedia and the sources listed below. Text from Wikipedia is available under CC BY-SA 4.0; this entry is adapted from it.
- Wikipedia: Asbestos law in the United States (CC BY-SA 4.0).
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