February 9, 2006
Fairness in Asbestos Injury Resolution Act of 2005
From the Heritage Foundation:
"Following a 98-1 vote... the Senate is debating the Fairness in Asbestos Injury Resolution Act of 2005. The bill would create a fund to pay those injured by asbestos and put an end to much expensive litigation.
But massive loopholes in the Senate approach "threaten the viability of the compensation system that it establishes," warn James Gattuso and Tim Kane.
To qualify for compensation, the Senate bill would require no proof of exposure. It would award claims to those with conditions not related to asbestos or due to naturally occurring asbestos. And a panel of doctors could approve "exceptional claims" that meet no specific criteria at all!
These loopholes could drain the fund quickly, throwing the asbestos mess back to the courts--or tempting Congress to pass a taxpayer bailout.
Kane and Gattuso propose a simple fix: Ensure that only claimants who have been wrongfully harmed by asbestos exposure are compensated."
Check out the foundations report: Fixing the Asbestos Mess: The Senate's Reform Needs Reforming by James Gattuso and Tim Kane
Ron Jones, University of Cincinnati Law Library
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