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Author: Lloyd Dixon Publisher: RAND Corporation ISBN: 9780833058348 Category : Law Languages : en Pages : 0
Book Description
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.
Author: Lloyd Dixon Publisher: RAND Corporation ISBN: 9780833058348 Category : Law Languages : en Pages : 0
Book Description
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.
Author: Lloyd S. Dixon Publisher: RAND Corporation ISBN: Category : Law Languages : en Pages : 220
Book Description
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.
Author: Stephen J. Carroll Publisher: Rand Corporation ISBN: 0833040529 Category : Law Languages : en Pages : 207
Book Description
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.
Author: Lloyd S. Dixon Publisher: Rand Corporation ISBN: Category : Law Languages : en Pages : 0
Book Description
"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: Category : Actions and defenses Languages : en Pages : 248
Author: U.s. Government Accountability Office Publisher: ISBN: 9781974620012 Category : Languages : en Pages : 46
Book Description
"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..."
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Regulatory Reform, Commercial and Antitrust Law Publisher: ISBN: Category : Actions and defenses Languages : en Pages : 248
Author: Lloyd Dixon
Author: Lloyd Dixon
Author: Lloyd S. Dixon
Author: Stephen J. Carroll
Author: Lloyd S. Dixon
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution
Author: U.s. Government Accountability Office
Author: Stephen J. Carroll
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Regulatory Reform, Commercial and Antitrust Law
Author: Deborah R. Hensler
Author: United States. Congress. Senate. Committee on the Judiciary