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Fairness In Asbestos Injury Resolution Act Of 2005
An overview of H.R. 1360, the Fairness in Asbestos Injury Resolution (FAIR) Act of 2005, as introduced by Representative Kirk on March 17, 2005. H.R. 1360 would create the Office of Asbestos Disease Compensation, within the Department of Labor, to award damages to asbestos claimants on a no-fault basis. Damages would be paid by the Asbestos Injury Claims Resolution Fund, which would be funded by companies that have previously been sued for asbestos-related injuries, and by insurers of such companies. Asbestos claims could no longer be filed or pursued under state law, except for the enforcement of judgments no longer subject to any appeal or judicial review before the date of enactment of the bill.
Claims of asbestos-related injury have flooded the courts since the 1970s, but litigation has proven to be an inadequate means to resolving all such claims. The Supreme Court has twice struck down attempted global asbestos settlements,1 in both instances inviting Congress to craft a legislative solution.2 In response, various bills have been introduced in past Congresses,3 although none has passed.
On March 17, 2005, Representative Kirk introduced H.R. 1360, the Fairness In Asbestos Injury Resolution (FAIR) Act of 2005. The bill would "create a privately funded, publicly administered fund that will provide compensation for legitimate present and future claimants of asbestos exposure."
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Tort lawyer is needed when civil wrongs are done
Torts fall into three general categories: intentional torts (e.g., intentionally hitting a person); negligent torts (causing an accident by failing to obey traffic rules); and strict liability torts (e.g., liability for making and selling defective products). Intentional torts are those wrongs which the defendant knew or should have known would occur through their actions or inactions.
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Law Was Intended To Strike
Over the last year there has been much public discussion on "Sidewalk Lawsuits". This type of claim, historically the most common personal injury c... Read more >
Definition:
A hypothetical medical condition used to illustrate the idea that if you are at fault when you injure someone, you are responsible for all the consequences, whether you could have foreseen them or not.
Disc Injury
Definition:
Injury to the supporting discs (cushions) located between each spinal bone. Discs that are ruptured or cracked may cause extraordinary pressure resulting in back pain.
Managed care
Definition:
Any system that manages healthcare delivery with the aim of controlling costs. Managed care systems typically rely on a primary care physician who acts as a gatekeeper through whom the patient has to go to obtain other health services such as specialty medical care, surgery, or physical therapy.
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