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Asbestos Bankruptcy Trusts And Tort Compensation
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Book Synopsis Asbestos Bankruptcy Trusts and Tort Compensation by : Lloyd Dixon
Download or read book Asbestos Bankruptcy Trusts and Tort Compensation written by Lloyd Dixon and published by RAND Corporation. This book was released on 2011-08-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Asbestos Bankruptcy Trusts by : Lloyd S. Dixon
Download or read book Asbestos Bankruptcy Trusts written by Lloyd S. Dixon and published by RAND Corporation. This book was released on 2010 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Asbestos Litigation by : Stephen J. Carroll
Download or read book Asbestos Litigation written by Stephen J. Carroll and published by Rand Corporation. This book was released on 2005-07-07 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Asbestos litigation is the longest-running mass tort litigation in U.S. history. Through 2002, approximately 730,000 individuals have brought claims against some 8,400 business entities, and defendants and insurers have spent a total of $70 billion on litigation. Building on previous RAND briefings, the authors report on what happened to those who have claimed injury from asbestos, what happened to the defendants in those cases, and how lawyers and judges have managed the cases.
Book Synopsis Bankruptcy's Effect on Product Identification in Asbestos Personal Injury Cases by : Lloyd S. Dixon
Download or read book Bankruptcy's Effect on Product Identification in Asbestos Personal Injury Cases written by Lloyd S. Dixon and published by Rand Corporation. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "One of the most significant developments in asbestos litigation in the past 15 years is the rising rate of bankruptcy among asbestos defendants. More than 100 companies have filed for bankruptcy at least in part because of asbestos lawsuits. As a result, contemporary asbestos ligation now involves both tort suits against solvent defendants and claims for compensation filed with the specially created asbestos bankruptcy trusts. The outcome of an asbestos lawsuit crucially depends on whether litigants in the tort case introduce evidence of exposure to the products of bankrupt parties. If some of these exposures are not identified, more fault can be assigned to the remaining solvent defendants. These defendants are thus likely to end up paying more when such evidence is not developed than when it is. Plaintiffs might also receive more in compensation from the courts and trusts combined if fault is not allocated to the bankrupt parties. This analysis provides empirical evidence that bankruptcy reduces the likelihood that interrogatories and depositions will identify exposure to the asbestos-containing products of the bankrupt parties. It also presents plaintiff and defense perspectives on whether the findings are a cause for concern and what, if anything, should be done in response."--Back cover.
Author :United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution Publisher : ISBN 13 : Total Pages :248 pages Book Rating :4.:/5 (318 download)
Book Synopsis How Fraud and Abuse in the Asbestos Compensation System Affect Victims, Jobs, the Economy, and the Legal System by : United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution
Download or read book How Fraud and Abuse in the Asbestos Compensation System Affect Victims, Jobs, the Economy, and the Legal System written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 2011 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Asbestos Injury Compensation by : U.s. Government Accountability Office
Download or read book Asbestos Injury Compensation written by U.s. Government Accountability Office and published by . This book was released on 2017-08-16 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Asbestos litigation arose out of millions of Americans' lengthy occupational exposure to asbestos which is linked to malignant and nonmalignant diseases. To date, about 100 companies have declared bankruptcy at least partially due to asbestos-related liability. In accordance with Chapter 11 and � 524(g) of the federal bankruptcy code, a company may transfer its liabilities and certain assets to an asbestos personal injury trust, which is then responsible for compensating present and future claimants. Since 1988, 60 trusts have been established to pay claims with about $37 billion in total assets.GAO was asked to examine asbestos trusts set up pursuant to � 524(g). This report addresses: (1) How much asbestos trusts have paid in claims and how trusts are administered, (2) How trust claim and payment information is made available to outside parties, and (3) Stakeholder-plaintiff and defense attorneys, trust officials, and other interested parties-views on whether more trust and claimant information should be made available to outside parties and efforts to change the trust system and processes. GAO analyzed trust agreements for 44 of 60 trusts and trust distribution procedures for 52 of 60 trusts, as well as financial reports for 47 of 60 trusts for 2009 and 2010. GAO also interviewed U.S. Bankruptcy Court judges and the trustees, general counsels, or directors from 11 trusts..."
Book Synopsis Asbestos Litigation Costs and Compensation by : Stephen J. Carroll
Download or read book Asbestos Litigation Costs and Compensation written by Stephen J. Carroll and published by RAND Corporation. This book was released on 2002 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the dimensions of current asestos litigation and the potential future effects of the litigation on the U.S. economy.
Book Synopsis Asbestos Litigation in the U.S. by : Deborah R. Hensler
Download or read book Asbestos Litigation in the U.S. written by Deborah R. Hensler and published by . This book was released on 2001 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Bankruptcy Trusts, Transparency and the Future of Asbestos Compensation by : S. Todd Brown
Download or read book Bankruptcy Trusts, Transparency and the Future of Asbestos Compensation written by S. Todd Brown and published by . This book was released on 2014 with total page 77 pages. Available in PDF, EPUB and Kindle. Book excerpt: As we enter the fifth dec ...
Book Synopsis The Effect of Joint and Several Liability on the Bankruptcy Rate of Defendants by : Charles Mullin
Download or read book The Effect of Joint and Several Liability on the Bankruptcy Rate of Defendants written by Charles Mullin and published by . This book was released on 2004 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: If two defendants share a joint and several liability and the first becomes insolvent, his unpaid liabilities are reallocated to the second. While the second defendant's assets may cover its share of liability, they may not cover the first defendant's share. Thus, the one defendant's insolvency may trigger the other's. We quantify this externality in the context of asbestos-related torts. We choose this example because 61 companies with major asbestos liabilities have gone bankrupt since 1982 and nearly 8,000 other companies have been named in asbestos suits. Using data from 10-K forms and asbestos trials, we estimate that payments on asbestos claims grew 5 - 10 percent annually - over 150 percent total - during 1990 - 2002 due to the bankruptcy of jointly liable defendants. We discuss the implications for the priority of tort claimants in bankruptcy and piecemeal tort litigation as a compensation mechanism for mass torts.
Book Synopsis Compensating Asbestos Victims by : Andrea Boggio
Download or read book Compensating Asbestos Victims written by Andrea Boggio and published by Routledge. This book was released on 2016-05-23 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Judicial Management of Mass Tort Bankruptcy Cases by : S. Elizabeth Gibson
Download or read book Judicial Management of Mass Tort Bankruptcy Cases written by S. Elizabeth Gibson and published by . This book was released on 2005 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Mass Torts in a World of Settlement by : Richard A. Nagareda
Download or read book Mass Torts in a World of Settlement written by Richard A. Nagareda and published by University of Chicago Press. This book was released on 2008-09-15 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: The traditional definition of torts involves bizarre, idiosyncratic events where a single plaintiff with a physical impairment sues the specific defendant he believes to have wrongfully caused that malady. Yet public attention has focused increasingly on mass personal-injury lawsuits over asbestos, cigarettes, guns, the diet drug fen-phen, breast implants, and, most recently, Vioxx. Richard A. Nagareda’s Mass Torts in a World of Settlement is the first attempt to analyze the lawyer’s role in this world of high-stakes, multibillion-dollar litigation. These mass settlements, Nagareda argues, have transformed the legal system so acutely that rival teams of lawyers operate as sophisticated governing powers rather than litigators. His controversial solution is the replacement of the existing tort system with a private administrative framework to address both current and future claims. This book is a must-read for concerned citizens, policymakers, lawyers, investors, and executives grappling with the changing face of mass torts.
Download or read book Dust-Up written by Jeb Barnes and published by Georgetown University Press. This book was released on 2011-07-08 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Case Studies of Mass Tort Limited Fund Class Action Settlements & Bankruptcy Reorganizations by : S. Elizabeth Gibson
Download or read book Case Studies of Mass Tort Limited Fund Class Action Settlements & Bankruptcy Reorganizations written by S. Elizabeth Gibson and published by . This book was released on 2000 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Mass Tort Settlement Class Actions by : Jay Tidmarsh
Download or read book Mass Tort Settlement Class Actions written by Jay Tidmarsh and published by . This book was released on 1998 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Asbestos Litigation Crisis by : United States. Congress. Senate. Committee on the Judiciary
Download or read book Asbestos Litigation Crisis written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2003 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt:
