Asbestos Bankruptcy Trusts

Asbestos Bankruptcy Trusts
Author: Lloyd S. Dixon
Publisher: RAND Corporation
Total Pages: 220
Release: 2010
Genre: Law
ISBN:

This report describes the creation, organization, and operation of asbestos personal-injury trusts and compiles publicly available information on the assets, outlays, and governing boards of the 26 largest trusts. The authors find that the publicly available information provides a rich source of information on trust activity but that more detailed information is needed to determine their impact on important compensation outcomes.

Compensating Asbestos Victims

Compensating Asbestos Victims
Author: Andrea Boggio
Publisher: Routledge
Total Pages: 302
Release: 2016-05-23
Genre: Law
ISBN: 1317162943

This book traces the emergence and transformations of asbestos compensation to explore the wider issue of to what extent legal systems have converged in the era of globalization. Examining the mechanism by which asbestos compensation is delivered in Belgium, England, Italy and the United States, as well as the cultural forces and actors which contribute to its emergence and transformations, the book advances our understanding of how law operates within cultural norms, routines, and institutional relations of capitalist societies. With material gathered from 50 interviews and from primary and secondary sources, the author considers law as a cultural phenomenon, national styles of legal culture and the convergence and divergence of legal cultures, and law as a form of institutionalized power.

Asbestos Bankruptcy Trusts and Tort Compensation

Asbestos Bankruptcy Trusts and Tort Compensation
Author: Lloyd Dixon
Publisher: RAND Corporation
Total Pages: 0
Release: 2011-08-09
Genre: Law
ISBN: 9780833058348

Asbestos bankruptcy trusts play an important role in compensating asbestos injuries. This monograph examines how state tort laws address compensation paid by trusts and the evidence submitted in trust claim forms, how court proceedings take this evidence and compensation into account, and how the establishment of the trusts potentially affects compensation.

Asbestos

Asbestos
Author: Institute of Medicine
Publisher: National Academies Press
Total Pages: 341
Release: 2006-09-23
Genre: Medical
ISBN: 0309101697

In conjunction with drafting comprehensive legislation concerning compensation for health effects related to asbestos exposure (the Fairness in Asbestos Injury Act), the Senate Committee on the Judiciary directed the Institute of Medicine to assemble the Committee on Asbestos: Selected Health Effects. This committee was charged with addressing whether asbestos exposure is causally related to adverse health consequences in addition to asbestosis, mesothelioma, and lung cancer. Asbestos: Selected Cancers presents the committee's comprehensive distillation of the peer-reviewed scientific and medical literature regarding association between asbestos and colorectal, laryngeal, esophageal, pharyngeal, and stomach cancers.

Dust-Up

Dust-Up
Author: Jeb Barnes
Publisher: Georgetown University Press
Total Pages: 150
Release: 2011-07-08
Genre: Political Science
ISBN: 1589017862

In an era of polarization, narrow party majorities, and increasing use of supermajority requirements in the Senate, policy entrepreneurs must find ways to reach across the aisle and build bipartisan coalitions in Congress. One such coalition-building strategy is the “politics of efficiency,” or reform that is aimed at eliminating waste from existing policies and programs. After all, reducing inefficiency promises to reduce costs without cutting benefits, which should appeal to members of both political parties, especially given tight budgetary constraints in Washington. Dust-Up explores the most recent congressional efforts to reform asbestos litigation—a case in which the politics of efficiency played a central role and seemed likely to prevail. Yet, these efforts failed to produce a winning coalition, even though reform could have saved billions of dollars and provided quicker compensation to victims of asbestos-related diseases. Why? The answers, as Jeb Barnes deftly illustrates, defy conventional wisdom and force us to rethink the political effects of litigation and the dynamics of institutional change in our fragmented policymaking system. Set squarely at the intersection of law, politics, and public policy, Dust-Up provides the first in-depth analysis of the political obstacles to Congress in replacing a form of litigation that nearly everyone—Supreme Court justices, members of Congress, presidents, and experts—agrees is woefully inefficient and unfair to both victims and businesses. This concise and accessible case study includes a glossary of terms and study questions, making it a perfect fit for courses in law and public policy, congressional politics, and public health.

Pathology of Asbestos-Associated Diseases

Pathology of Asbestos-Associated Diseases
Author: Victor L. Roggli
Publisher: Springer Science & Business Media
Total Pages: 437
Release: 2006-04-29
Genre: Medical
ISBN: 038721819X

Pathology of Asbestos-Associated Diseases integrates the newest research and advances in its discussion of asbestos-induced diseases. Organized in 13 chapters, the book begins with background information on the mineralogy of asbestos, occupation and environmental exposure to asbestos, and asbestosis. A detailed discussion on mesothelioma includes a historical background, addresses etiologic considerations and epidemiology, pathologic features, differential diagnosis and treatment and prognosis. Guidelines for assessing and identifying asbestos-associated carcinomas of the lung, including histopathology and differential diagnosis, are discussed. The text also addresses the explosion of research in the area of molecular biology and the abundance of information bearing on the mechanisms by which asbestos causes disease. Chapters also cover cytopathology and experimental models of asbestos-related diseases. The diseases associated with asbestos have significant medico-legal implications, and there are two chapters dedicated to addressing the issue. More than 190 illustrations complement the text. An invaluable reference for the pathologist, pulmonologist, radiologist, and occupational medical practitioner interested in asbestos-related disease as well as malpractice attorneys needing an understanding of asbestos, the diseases it induces, prognosis and clinical implications.

Who Gets What

Who Gets What
Author: Kenneth R. Feinberg
Publisher: PublicAffairs
Total Pages: 242
Release: 2012-06-26
Genre: Social Science
ISBN: 1610390768

Agent Orange, the 9/11 Victim Compensation Fund, the Virginia Tech massacre, the 2008 financial crisis, and the Deep Horizon gulf oil spill: each was a disaster in its own right. What they had in common was their aftermath -- each required compensation for lives lost, bodies maimed, livelihoods wrecked, economies and ecosystems upended. In each instance, an objective third party had to step up and dole out allocated funds: in each instance, Presidents, Attorneys General, and other public officials have asked Kenneth R. Feinberg to get the job done. In Who Gets What?, Feinberg reveals the deep thought that must go into each decision, not to mention the most important question that arises after a tragedy: why compensate at all? The result is a remarkably accessible discussion of the practical and philosophical problems of using money as a way to address wrongs and reflect individual worth.

Outrageous Misconduct

Outrageous Misconduct
Author: Paul Brodeur
Publisher: Pantheon
Total Pages: 392
Release: 1985
Genre: Law
ISBN:

When the Manville Corporation filed under Chapter 11 of the federal Bankruptcy Code in 1982, it was the most financially healthy company ever to do so. Its action temporarily halted product-liability lawsuits brought against the company by the victims of asbestos-related cancer and other diseases. "Outrageous Misconduct" updates Paul Brodeur's remarkable four-part series of articles on the asbestos industry that appeared in "The New Yorker". It examines Manville's unprecedented -- and headline-making -- maneuver; it exposes the efforts of other asbestos manufacturers to avoid compensating asbestos victims; and it reveals the involvement of some of the nation's highest officials in trying to bail out the asbestos industry from its financial and legal difficulties. In "Outrageous Misconduct" Brodeur reveals in depth and detail the story of how Manville and other companies effected a fifty-year coverup of the asbestos hazard. He also tells the story of how a handful of dedicated trial lawyers have pieced together the overwhelming evidence of this coverup and used it in courtrooms across the nation to win hundreds of millions of dollars in damages from the asbestos industry and its insurers. -- From publisher's description.