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May 4, 2017 U.S. Chamber of Commerce
U.S. Chamber of Commerce Thursday, May 4, 2017

The U.S. Chamber of Commerce Institute for Legal Reform released a report titled "Watching it Work: The Impact of...

The U.S. Chamber of Commerce Institute for Legal Reform released a report titled "Watching it Work: The Impact of Ohio's Asbestos Trust Transparency Law on Tort Litigation in the State Ohio," which analyzes the impact of the law and how it has affected the time it takes litigation to go to trial and be solved. Ohio was the first state in the country to pass asbestos trust transparency reforms in 2013, and this case offers a example of the success of the reform--"trust transparency reforms appear to have accomplished the goal of ensuring transparency and fairness without imposing significant burdens on plaintiffs."

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December 16, 2016 American Tort Reform Association
American Tort Reform Association Friday, December 16, 2016

The American Tort Reform Foundation issued its 2016-2017 Judicial Hellholes report, naming New York City's...

The American Tort Reform Foundation issued its 2016-2017 Judicial Hellholes report, naming New York City's Asbestos Litigation court the #3 Judicial Hellhole. The report explains the ranking by saying the court has become more favorable to plaintiffs despite the corruption conviction the state's former Assembly Speaker Sheldon Silver. "Despite early signals that Justice Peter Moulton might carry out needed reforms, he has since shown his determination to ignore balanced procedural trends in asbestos litigation nationwide by reestablishing punitive damages and normalizing the consolidation of cases at the expense of defendants’ due process rights," said ATRA president Tiger Joyce.

March 1, 2016 Financier Worldwide Magazine Mark Behrens and Phil Goldberg
Financier Worldwide Magazine Tuesday, March 1, 2016 Mark Behrens and Phil Goldberg

Asbestos litigation has been a huge and longstanding process. There have been abuses of the system, and courts and...

Asbestos litigation has been a huge and longstanding process. There have been abuses of the system, and courts and legislatures are increasingly seeking to correct these practices as part of a new era of reform. Proposed reforms before the U.S. Congress, known as the Furthering Asbestos Claims Transparency (FACT) Act, which would increase transparency by requiring claimants' attorneys to disclose more information. "We expect that momentum will continue to build and that more reforms will be enacted to stop the courts from being gamed by the asbestos personal injury bar," authors Behrens and Goldberg write.

December 17, 2015 U.S. Chamber Institute for Legal Reform Peter Kelso and Marc Scarcella
U.S. Chamber Institute for Legal Reform Thursday, December 17, 2015 Peter Kelso and Marc Scarcella

The report authored by asbestos litigation and trust experts from the economic consulting firm Bates White looks at...

The report authored by asbestos litigation and trust experts from the economic consulting firm Bates White looks at the revelations on mishandled evidence and deception found in data from the Garlock bankruptcy trust proceedings.  Evidence is shown to be mishandled by asbestos personal injury lawyers, and the authors conclude it is often the personal injury lawyers who are generating claims evidence rather than through the recollections of plaintiffs.  Only by putting more transparency in the process will cut down on manufactured evidence problems. 

December 17, 2015 American Tort Reform Association
American Tort Reform Association Thursday, December 17, 2015

The new annual list of the worst court venues in the nation put out by the American Tort Reform Foundation includes...

The new annual list of the worst court venues in the nation put out by the American Tort Reform Foundation includes three of the most notorious asbestos venues in the nation: the New York City Asbestos Litigation docket (NYCAL); Circuit Court for the City of Newport News, Va.; and Madison County, Ill courts.  NYCAL has been tainted with the kickback fraud conviction of former Assembly Speaker Sheldon Silver, who referred asbestos plaintiffs to the biggest personal injury firm using the NYCAL venue and which received special favors there.  NYCAL also has been rendering verdicts much higher than other courts.  Newport News is infamous for unfair evidence rules that tilt the scales, and Madison County’s asbestos docket is tarnished as a shameless venue shopping destination. 

November 6, 2015 Washington Legal Foundation Nicholas P. Vari and Michael J. Ross
Washington Legal Foundation Friday, November 6, 2015 Nicholas P. Vari and Michael J. Ross

Authors Vari and Ross discuss the renegotiation of the New York City Asbestos Litigation Case Management Order,...

Authors Vari and Ross discuss the renegotiation of the New York City Asbestos Litigation Case Management Order, highlighting four key issues surrounding the CMO negotiations: punitive damages, consolidation of claims, joint-and-several liability arising from a "recklessness" finding, and the treatment of asbestos bankruptcy trusts.

October 30, 2015 IADC Committee Newsletter William Anderson
IADC Committee Newsletter Friday, October 30, 2015 William Anderson

Author William Anderson discusses take-home/household exposure asbestos lawsuits, saying "it is rare to cause...

Author William Anderson discusses take-home/household exposure asbestos lawsuits, saying "it is rare to cause disease in spouses or family members because of the difficulty in delivering a causative dose just from wearing work clothes home." 

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