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Yeshiva University, Cardozo School of Law

2005

Cancer

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An Analysis Of The Financial Impact Of S. 852: The Fairness In Asbestos Injury Resolution Act Of 2005, Lester Brickman Jan 2005

An Analysis Of The Financial Impact Of S. 852: The Fairness In Asbestos Injury Resolution Act Of 2005, Lester Brickman

Articles

Nearly 30 years ago, the first of a series of bills to remove asbestos litigation from the tort system by creating an industry-funded mechanism to administratively pay asbestos claims was introduced into Congress. The need for a legislative fix of asbestos litigation has long been manifest. After many unsuccessful efforts to resolve the asbestos litigation crisis, the Senate is poised to take up consideration of S.852, The Fairness In Asbestos Injury Resolution Act of 2005. This essay is a preliminary effort to present some context for discussion of certain aspects of S.852 and to estimate the costs that may be …