Litigation
Asbestos litigation is the longest, most expensive mass tort in U.S. history, involving more than 8,400 defendants and 730,000 claimants as of 2002 according to the RAND Corporation, and at least one defendant reported claim counts in excess of $800,000 in 2006.
Current trends indicate that the worldwide rate at which people are diagnosed with asbestos-related diseases will likely increase through the next decade. Analysts have estimated that the total costs of asbestos litigation in the USA alone is over $250 billion.
The federal legal system in the United States has dealt with numerous counts of asbestos related suits, which often included multiple plaintiffs with similar symptoms. In 1999 there were 200,000 related cases pending in the federal court system of the United States. Further, it is estimated that within the next 40 years, the number of cases may increase to 700,000. These numbers help explain how there are thousands of current pending cases.
Litigation of asbestos materials has been slow. Companies sometimes counter saying that health issues do not currently appear in their worker or workers, or sometimes are settled out of court. The Research and Development (RAND) think tank has appropriated certain legal information which is readily available for proclaimed victims of natural resource accidents. This information has helped many workers, regardless of health condition, earn compensation through companies. RAND, along with the Institute for Civil Justice (ICJ) have been proponents of the organization of past cases in order to determine one aspect of fair compensation for workers.
1999 saw the introduction of the Fairness in Asbestos Compensation Act. Between 1981 and the present, many asbestos companies have filed for bankruptcy. While companies filed for bankruptcy, this limited payouts to those who were actually affected by the material. Professor Christopher Edley said what the 1999 Act ultimately would have done if passed would be to "limit punitive damages that seek retribution for the decisions of long-dead executives for conduct that took place decades ago (Professor Christopher Edley, Jr.).”
Litigation exists outside the United States in England, Scotland, Ireland, the Netherlands, France, Australia, and Japan among other nations (though the amounts awarded in these countries are not as excessive as in the US). See the companion article for further information.
The volume of the asbestos liability has concerned manufacturers and insurers and reinsurers. The amounts and method of allocating compensation have been the source of many court cases, and government attempts at resolution of existing and future cases.
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