UPCOMING IADC MEETINGS
|
|
- Sophie Rich
- 8 years ago
- Views:
Transcription
1 UPCOMING IADC MEETINGS Visit for more information July 10-15, 2010 Annual Meeting Hotel Arts Barcelona, Spain October 7 8, 2010 International Corporate Counsel College InterContinental Paris-Le Grand Paris, France July 31 August 6, th Annual Trial Academy Stanford Law School Palo Alto, California USA February 19 24, 2011 Midyear Meeting Inn at Spanish Bay Pebble Beach, California USA
2 Asbestos Litigation in Europe: An Evolution of the U.S. Experience or Something Completely Different? Wednesday, June 30, 2010 Presented By the IADC Product Liability Committee Welcome! The Webinar will begin promptly at 10 am CDT/5 pm CEST. Please read and follow the below instructions: 1. If you have not already done so, please join the conference call. 2. Mute your phone line. If you do not have a mute button or are on a cell phone, press *1 to mute your phone. 3. If you are on a conference phone, please move all cellular or wireless devices away from the conference phone to avoid audio interference. 4. If you have questions during the presentation, you may utilize the Q&A function at the top of your screen. You may type questions here and it will be sent to the presenter for response. If your question is not answered during the presentation, our presenter will answer questions at the end of the webinar, or via following the webinar. 5. Visit the Handouts section in the upper-right-hand corner of the screen if you would like to download a copy of this PowerPoint presentation.
3 Click on the Q&A tab on your screen to type a question for the presenters. Click the Handouts tab on your screen to download this PowerPoint
4 Moderator Roy Alan Cohen Porzio, Bromberg & Newman, P.C. Morristown, New Jersey USA
5 Presenters Cecile Derycke Hogan Lovells Paris, France Rod Freeman Hogan Lovells London, United Kingdom Christian Lahnstein Munich Reinsurance Company Munich, Germany
6 Overview of American Asbestos Litigation Since the Late 1970s International Association of Defense Counsel Product Liability Committee Roy Alan Cohen, Esq. Porzio, Bromberg & Newman, P.C. Morristown, New Jersey
7 GENERAL COMMENTS Evolution of plantworker litigation Expansion of end-product litigation Bystander, household exposure, and premises liability claims Massive numbers of bankruptcies of the primary asbestos product manufacturers have impacted litigation development
8 SOME STATISTICS FROM THE 2007 RAND STUDY 730,000 people in the United States filed compensation claims for asbestos-related injuries from the early 1970s through the end of 2002 Cost to businesses and insurance companies - $70 billion Claimants have received about 42 cents of every dollar spent on asbestos litigation, with 31 cents to defense costs and 27 cents to plaintiffs' attorneys and other related costs Researchers said the number of asbestos claims has increased sharply through the 1990s and into 2002, driven primarily by people who claim non-cancerous injuries These cases now account for 90 percent of all new claims
9 SOME STATISTICS FROM THE 2007 RAND STUDY (cont d) The number of claims made by people with mesothelioma has increased sharply in recent years doubling during the period from 1994 to However, cases based upon mesothelioma remain a small proportion of all asbestos claims At least 8,400 entities had been named as defendants in asbestos claims through 2002 At least 73 companies named in a substantial number of asbestos claims filed for bankruptcy through mid-2004 Trust funds created following the bankruptcies of asbestos manufacturers and other major asbestos defendants pay only a small fraction of the agreed-upon value of individual's claims against those defendants
10 THE FAILURE OF GLOBAL SETTLEMENT EFFORTS Federal asbestos cases were transferred to Judge Charles Weiner by the Judicial Panel on Multidistrict Litigation (JPMDL) in 1991 Many asbestos lawyers anticipated that Judge Weiner would help parties negotiate a global settlement of all federal cases against all defendants that would in turn provide a model for resolving state cases The search for a single overarching settlement failed as have other efforts to reach a global resolution Similarly, efforts to consolidate and try asbestos cases as class actions have generally failed in most jurisdictions because of the nature of these cases
11 DEFERRED AND EXPEDITED DOCKETS The failed alternative to consolidation and class actions has led to other options Courts faced with large asbestos caseloads that include large numbers of cases involving unimpaired claimants have led to deferred dockets in the late 1980s and early 1990s (state courts in Massachusetts, Cook County, Illinois, and Baltimore) Courts that have established inactive dockets in recent years include New York City, Seattle, and Madison County, Illinois, all of which now have substantial numbers of asbestos cases on their inactive dockets. In a variation on this policy, some courts have established expedited dockets that give priority to cancer claims, placing the claims of those without functional impairment at the back of the queue
12 Overview of American Asbestos Litigation Since the Late 1970s Roy Alan Cohen, Esq. Porzio, Bromberg & Newman, P.C. Morristown, New Jersey
13 Asbestos Litigation IADC Webinar Asbestos: the UK litigation landscape Rod Freeman, Partner, London 30 June 2010
14 Asbestos an unparalleled social tragedy The British mesothelioma death rate is now the highest in the world (accounting for 1 in 40 of all male cancer deaths). The projected lifetime risk of fatal mesothelioma in all British men born in the 1940s is 0.59%, or about 1 in 170 of all deaths. The expected number of deaths amongst males in the UK is predicted to increase to a peak of 2038 in the year Mesothelioma is predicted to cause 91,000 deaths in the UK by 2050 (with around two thirds of these deaths still to occur). The volume of mesothelioma sufferers making insurance claims increased by 50% between 2003 and Average mesothelioma settlements have increased from 53.2k in 2000 to 81.3k in Estimated 28.3 billion cost to insurance industry.
15 The legacy of asbestos An unparalleled social tragedy an unprecedented response. Traditional legal principles and procedures altered in order to try to meet the social needs arising. Fundamental issue the litigation system is ill-suited to meet the needs of those concerned, and ongoing reliance on the litigation system is not likely to lead to a satisfactory resolution.
16 Evidentiary issues A reduced evidentiary burden on claimants? the Courts have affirmed that that the burden in law rests on claimants: Brett v University of Reading [2007] EWCA Civ 88. BUT in effect? no requirement for claimants to pinpoint exposure incomplete/vague recollection excused defendants may face difficulties if they cannot disprove the claimant s account Maggs v Anstey [2007] EWHC 515 However, markedly inconsistent and opaque claimant evidence will not suffice Harrington v DBERR [2008] EWHC 2658 (QB)
17 The public liability insurance problem Problems in finding insurance coverage to meet potential liabilities. The legacy of Bolton MBC v MMI Insurance Ltd [2006] EWCA Civ 50: when did the damage "occur"? PL insurers on risk at tumour development or at diagnosis?
18 Employers liability: the insurance black-hole What triggers an insurer being on risk under EL policies? Durham v BAI and others [2008] EWHC 2692 (QB): exposure? tumour development/manifestation? reconsideration of the 10 year rule in mesothelioma cases. Implications for defendants.
19 Insurance recoveries: practical problems and solutions Apportionment of liability between insurers: Scale of the asbestos issue, over time, led to development of pragmatic approaches. But growing scale is starting to cause those historical practices to be questioned the traditional time-exposure approach in the industry; the common sense approach of the Courts: Russell v London Fire & Emergency Planning Authority and others [2005] EWHC 581 (QB) future of apportionment Invest in understanding your coverage history: insurance archaeologists coverage charts
20 UK fast-track procedure Master Whitaker s special list Expedition of urgent living claims pre-service: ideally, 16 weeks from claim to trial Show cause procedure Justifications for the show cause procedure? Reversal of the burden of proof?
21 UK fast-track procedure Implications for defendants Prompt investigation of liability: courts unsympathetic to defendants who merely ascertain insurance cover the Courts will assess quantum as favourably as possible for claimants, including by determining liability during the claimant's life, but reserving assessment of damages after his death
22 Pleural plaques the latest word England Rothwell upheld following government consultation no compensation for new claimants political pressure: extra-statutory compensation for pending claims Scotland Damages (Asbestos-related Conditions) (Scotland) Act JR challenge dismissed by the Outer House of the Court of Session, January 2010 appeal lodged Northern Ireland government consultation recommends law be changed to follow Scotland Implications if plaques are compensable?
23 Expansion of the Fairchild principle The Fairchild principle claimants have sought to rely on this on two levels: (i) precedent for the adaptation of the traditional rules on causation, now applied in non-mesothelioma cases professional negligence claims: Chester v Afshar [2005] 1 A.C. 134 White v Paul Davison [2004] EWCA Civ 1511 non-professional negligence claims: Cookson v Novartis Grimsby Ltd [2007] EWCA Civ 1261 Clough v First Choice Holidays [2006] EWCA Civ 15 (ii) getting within the fact pattern of Fairchild: Sanderson v Hull [2008] EWCA Civ 1211 Fairchild and asbestosis: Wright v Stoddard [2008] Rep. L.R. 2
24 Global Risks multinational exposures
25 Asbestos Litigation IADC Webinar France: companies still in the front line to compensate claimants Cécile Derycke, Partner, France June 30, 2010
26 Asbestos in France claimants' main choices Former or current employee Claim for anxiety Early retirement scheme (50 years old or more) Recognised asbestos-related illness Damages 65% of last salary until standard retirement Pension Gross negligence claim NB: - product liability claims by third parties - criminal liability Damages? Increase in pension + damages 26
27 Gross negligence claims 27
28 What does gross negligence mean? The employer (i) was, or should have been aware, of the danger and (ii) did not take the necessary steps to protect the employee 2002: presumption of gross negligence 2009: even if level of exposure complied with applicable regulations, employer was grossly negligent What is at stake? Claim for: increase of pension damages Relatives may file gross negligence claim if employee passed away 28
29 FIVA's action 86.6% of people who have developed an asbestos-related illness turn to FIVA instead of acting directly before the Courts (60,418 requests up to December 2009) So far, 2,329 billion have been paid by FIVA In 2008, FIVA had compensated 13,254 claimants (56% were employees) and launched 716 cases against employers Warnings about FIVA's great deficit and delay in the payment of damages: French State signed an "efficiency agreement" with FIVA 29
30 Early retirement claims Economic loss 30
31 Background Early retirement scheme Launched in 1999 and managed by FCAATA For employees of at least 50 years old who: developed an occupational illness linked to asbestos or worked on a site designated by ministerial orders Until 60/65 years old: employee earns 65% of last salary (the ACAATA) 31
32 Outburst of new claims Claim for damages for the reduction of income (35% of their last salary) Two cases: ZF Masson case: Paris Court of Appeal - September 18, 2008 Default choice between early retirement and a continued exposure to asbestos 35% of last salary Ahlstrom Labelpack case: Bordeaux Court of Appeal April 7, 2009 By choosing to use asbestos and by not protecting its employees properly, the employer aggravated their working conditions loss of chance to have a normal professional life 20% of last salary 32
33 Judgments of the Cour de Cassation May 11, 2010 The Cour de Cassation quashed the Courts of Appeal "an employee who requested the benefit of the allowance [ACAATA] is unfounded in obtaining from the employer at fault, on the basis of the rules of civil liability, compensation for the loss of income that results from the implementation of legal measures". What next? These judgments of the Cour de Cassation are not final In any case, no causal link between an alleged fault of the employer and the reduced income during early retirement opinion of the Advocate General Jacques Duplat 33
34 Anxiety damage 34
35 Creation of a new specific ground of damages Alstom Power Boiler case: Criminal Court of Lille - September 4, 2006 Claimants were granted 10,000 Euros each Ahlstrom Labelpack case: Bordeaux Court of Appeal - April 7, 2009 Claimants were granted 7,500 Euros each Cour de Cassation's judgment May 11, 2010 "a permanent state of anxiety, for which the employer is regarded as responsible for, as [employees] are facing the risk of being diagnosed with an asbestos-related illness at any time and have to undergo regular medical check-up likely to make this anxiety more present". What next? New type of claim not limited to employees who left on early retirement Relatives may be compensated as well Amounts claimed may increase 35
36 Thank you for your attention 36
37 ASBESTOS LITIGATION IADC WEBINAR, JUNE 20, 2010 Christian Lahnstein, Munich Re
38 Overview of current asbestos scenarios worldwide June 20,
39 Involvement of insurance on four levels Pension, disability and health insurance Workers compensation insurance Employers liability insurance Environmental and product liability insurance Different mix of these levels. Funds as alternative June 20,
40 Number of asbestos related and other occupational fatalities in Germany Number of occupational fatalities in Germany 4,000 3, fatal occupational accidents 3,000 2,500 2,000 1,500 1, other fatal occupational diseases fatal occupational asbestos related diseases June 20,
41 Problems of liability attribution and insurance allocation June 20,
42 Questions for Presenters? Cecile Derycke Hogan Lovells Paris, France Rod Freeman Hogan Lovells London, United Kingdom Christian Lahnstein Munich Reinsurance Company Munich, Germany
43 Asbestos Litigation in Europe: An Evolution of the U.S. Experience or Something Completely Different? Wednesday, June 30, 2010 Presented By the IADC Product Liability Committee Thank you for Participating! Past Webinar Materials, Upcoming Webinars and additional information can also be found on our website:
Justice Committee. Courts Reform (Scotland) Bill. Written submission from Clydeside Action on Asbestos
Justice Committee Courts Reform (Scotland) Bill Written submission from Clydeside Action on Asbestos In our view, the Court of Session should deal only with most complex and important cases and that most
More informationEL Trigger - Consequences for Reinsurers
EL Trigger - Consequences for Reinsurers Legacy Insurance, Asbestos and Latent Claims - Infoline Annual European Summit 21st November 2012 Richard Harrison EL Trigger - Consequences for Reinsurers: Outline
More informationSupreme Court delivers judgment in the Employers' Liability Trigger Litigation
Supreme Court delivers judgment in the Employers' Liability Trigger Litigation On 28th March 2012, the Supreme Court handed down judgment in BAI (Run Off) Limited v Durham [2012] UKSC 14, the test-cases
More informationUK Asbestos Working Party
GIRO conference and exhibition 2010 Robert Brooks, Darren Michaels, Andy Whiting and Stephen Robertson-Dunn UK Asbestos Working Party 12-15 October 2010 Introduction What has the Working Party done? Since
More informationSupreme Court confirms that pleural plaques are actionable in Scotland
Insurance and reinsurance litigation e-bulletin 27 October 2011 Supreme Court confirms that pleural plaques are actionable in Scotland In a decision which has important ramifications for the UK insurance
More informationPartial regulatory impact assessment on a proposed bill to reverse House of Lords judgment in Johnston v NEI International Combustion Ltd
Partial regulatory impact assessment on a proposed bill to reverse House of Lords judgment in Johnston v NEI International Combustion Ltd The ABI s Response to the Scottish Government s Consultation 1.
More informationInternational Asbestos Liability
MEALEY S TM International Asbestos Liability Asbestos In France: One Step Forward, Two Steps Back by Sylvie Gallage-Alwis and Delphine Lapillonne Hogan Lovells A commentary article reprinted from the June
More informationSimon has been identified as a Leading Junior in Personal Injury work in each year since 2002.
Simon Kilvington CALL 1995 (Lincoln s Inn) PRACTICE AREAS Personal Injury Industrial Disease Professional Liability PHOTOGRAPH ASSOCIATIONS Personal Injury Bar Association E: clerks@byromstreet.com T:
More informationSimon has been identified as a Leading Junior in Personal Injury work in each year since 2002.
Simon Kilvington CALL 1995 (Lincoln s Inn) PRACTICE AREAS Personal Injury Industrial Disease Professional Liability PHOTOGRAPH ASSOCIATIONS Personal Injury Bar Association E: clerks@byromstreet.com T:
More informationWikiLeaks Document Release
WikiLeaks Document Release February 2, 2009 Congressional Research Service Report RS20519 ASBESTOS COMPENSATION ACT OF 2000 Henry Cohen, American Law Division Updated April 13, 2000 Abstract. This report
More informationUS Asbestos Liability
US Asbestos Liability Romy Comiter, Senior Director, Claims Consulting Team Regulated by the FSA www.axiomcc.com Agenda Current US Asbestos Environment Legislative Efforts in the US Evaluation Considerations
More informationInternational Product Liability Review
International Product Liability Review Issue 54 Contents Feature Product Liability in South Africa 2 Europe France 5 MARCH Europe Germany 7 Europe Italy 9 Europe Netherlands 11 Europe Spain 15 Europe UK
More informationPOLICY TRIGGERS, APPORTIONMENT AND ALLOCATION. Leigh-Ann Mulcahy QC. Introduction
POLICY TRIGGERS, APPORTIONMENT AND ALLOCATION Leigh-Ann Mulcahy QC Introduction The EL Policy Trigger Litigation (Durham v BAI (2012)) EL Apportionment Uninsured periods and solvent employers Allocation
More informationThink Like a Plaintiffs Lawyer
Think Like a Plaintiffs Lawyer Wednesday, April 29, 2015 Presented By the IADC Trial Techniques and Tactics Committee Welcome! The Webinar will begin promptly at 12:00 pm CDT. Please read and follow the
More informationAppendix I: Select Federal Legislative. Proposals Addressing Compensation for Asbestos-Related Harms or Death
Appendix I: Select Legislative Appendix I: Select Federal Legislative is and Mesothelioma Benefits Act H.R. 6906, 93rd 1973). With respect to claims for benefits filed before December 31, 1974, would authorize
More informationDamages (Asbestos-related Conditions) Bill
Research and Library Service 13 January 2010 Damages (Asbestos-related Conditions) Bill NIAR 644-10 This paper provides an overview and discussion of the Damages (Asbestos-related Conditions) Bill. Paper
More informationMs. Jennifer L. Biggs
Testimony of Ms. Jennifer L. Biggs June 4, 2003 Committee on the Judiciary United States Senate Solving the Asbestos Litigation Crisis: S.1125, the Fairness in Asbestos Injury Resolution Act of 2003 June
More informationRecent Developments in Asbestos Litigation
Recent Developments in Asbestos Litigation Richard O. Faulk Chair, Litigation Department Gardere Wynne Sewell LLP Houston, Dallas, Austin, Mexico City rfaulk@gardere.com Do You Know This Man? Dickie Scruggs:
More informationBriefing on Amendments 132AA and 132AB to the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill
Briefing on Amendments 132AA and 132AB to the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill Kennedys advocates the repeal of Amendments 132AA and 132AB added to the Legal Aid, Sentencing
More informationPROOF OF CAUSATION A new approach in cancer cases
PROOF OF CAUSATION A new approach in cancer cases Andrew Axon Barrister Parklane Plowden Chambers Life is unpredictable 1 Gregg v Scott Non-Hogkin s lymphoma 9 months delay Injury = premature death due
More informationATTORNEY GENERAL'S DEPARTMENT OF NSW & THE DEPARTMENT OF PREMIER AND CABINET
NSW GOVERNMENT REVIEW OF THE DUST DISEASES CLAIMS RESOLUTION PROCESS ISSUES PAPER DECEMBER 2008 ATTORNEY GENERAL'S DEPARTMENT OF NSW & THE DEPARTMENT OF PREMIER AND CABINET Issues Paper: Review of the
More informationInternational Product Liability Review
International Product Liability Review Issue 53 Contents Overview 1 Feature - A landmark year for consumer privacy protection in China 2 DECEMBER Europe - France 5 Europe - Germany 8 Europe - Italy 10
More information(129th General Assembly) (Amended Substitute House Bill Number 380) AN ACT
(129th General Assembly) (Amended Substitute House Bill Number 380) AN ACT To enact sections 2307.951, 2307.952, 2307.953, and 2307.954 of the Revised Code to require claimants in asbestos tort actions
More informationHow To Understand The Legal Developments In Asbestos Claims
Legal developments in asbestos claims Toby Scott Partner, BLM Stockton-on-Tees business services construction & property insurance & indemnity leisure media & technology public sector retail transport
More informationPre-Action Protocol for Disease and Illness Claims
Pre-Action Protocol for Disease and Illness Claims PROTOCOLS Contents 1 Introduction 2 Notes of guidance 2A ALTERNATIVE DISPUTE RESOLUTION 3 The aims of the protocol 4 The protocol 5 Communication 6 Letter
More informationPlibrico Asbestos Trust Claim Form
General Instructions for filing the Individualized Review : This claim form must be completed as thoroughly as possible to ensure prompt resolution of claims; submitting an incomplete form may result in
More informationSimon has been identified as a Leading Junior in Personal Injury work in each year since 2002.
Simon Kilvington CALL 1995 (Lincoln s Inn) PRACTICE AREAS Personal Injury Industrial Disease Clinical Negligence Professional Negligence PHOTOGRAPH ASSOCIATIONS Personal Injury Bar Association E: clerks@byromstreet.com
More informationPre-Action Protocol for Disease and Illness Claims
Pre-Action Protocol for Disease and Illness Claims 1 INTRODUCTION 1.1 Lord Woolf in his final Access to Justice Report of July 1996 recommended the development of protocols: To build on and increase the
More informationAsbestos. The Claiming Game MEALEY S LITIGATION REPORT. A commentary article reprinted from the February 3, 2010 issue of Mealey s Litigation Report:
MEALEY S LITIGATION REPORT Asbestos The Claiming Game by Charles E. Bates, Ph.D., Charles H. Mullin, Ph.D., and Marc C. Scarcella Bates White Washington, D.C. A commentary article reprinted from the February
More informationBurns and Roe Asbestos Personal Injury Settlement Trust Claim Form
Burns and Roe Asbestos Personal Injury Settlement Trust Claim Form General Instructions for filing this Claim Form: This claim form must be completed as thoroughly as possible to ensure prompt resolution
More informationThis is the author s version of a work that was submitted/accepted for publication in the following source:
This is the author s version of a work that was submitted/accepted for publication in the following source: Stickley, Amanda P. (2012) Long term exposure to asbestos satisfies test for causation. Queensland
More informationACandS Asbestos Settlement Trust Claim Form
ACandS Asbestos Settlement Trust Claim Form General Instructions for filing this Claim Form: This claim form must be completed as thoroughly as possible to ensure prompt resolution of claims; submitting
More informationUpdate from UK asbestos and deafness working parties Robert Brooks, Brian Gravelsons and Gabriela Macra
Update from UK asbestos and deafness working parties Robert Brooks, Brian Gravelsons and Gabriela Macra 02 May 2013 Agenda Update from the UK asbestos working party Background and Introduction Recap on
More information2013 Casualty Loss Reserve Seminar
213 Towers Watson. All rights reserved. 213 Casualty Loss Reserve Seminar Concurrent Session LOB-2: Current Issues In Managing Asbestos Liabilities Steven C. Lin, FCAS, MAAA September 16, 213 Agenda Asbestos
More informationBoney, Richard, Dec'd THIRD PARTY ACTIONS (RCW 51.24) Multiple beneficiaries
Boney, Richard, Dec'd THIRD PARTY ACTIONS (RCW 1.) Multiple beneficiaries The third party recovery distribution is not altered when monies from third parties are received after a worker's death. Monies
More informationIN RE GARLOCK SEALING TECHNOLOGIES LLC, ET AL.
IN RE GARLOCK SEALING TECHNOLOGIES LLC, ET AL. STATEMENT OF JOSEPH W. GRIER, III, THE FUTURE CLAIMANTS REPRESENTATIVE, IN SUPPORT OF THE DEBTORS SECOND AMENDED PLAN OF REORGANIZATION In asbestos bankruptcy
More informationCombustion Engineering 524(g) Asbestos PI Trust Claim Form
Combustion Engineering 524(g) Asbestos PI Trust Claim Form General Instructions for filing this Claim Form: This claim form must be completed as thoroughly as possible to ensure prompt resolution of claims;
More informationUncertain climate for UK claims
Uncertain climate for UK claims With the constantly evolving legal landscape many uncertainties surround the future exposure in the UK to asbestos claims. Robert Kingston and Deborah Johnstone of PRO Insurance
More informationWritten Testimony to Texas House of Representatives Committee on Judiciary and Civil Jurisprudence - Subcommittee on Asbestos
Written Testimony to Texas House of Representatives Committee on Judiciary and Civil Jurisprudence - Subcommittee on Asbestos Interim Charge 4: Study the degree of transparency in asbestos bankruptcy trusts
More informationInstructions for Filing a Claim with the Combustion Engineering 524(g) Asbestos PI Trust
Subject: Instructions for Filing a Claim with the Combustion Engineering 524(g) Asbestos PI Trust Dear Plaintiff Counsel: The Combustion Engineering 524(g) Asbestos PI Trust (the Trust ) was established
More informationEmployers Liability Trigger Litigation
Employers Liability Trigger Litigation Following my preliminary note of the 11 th October 2010 I have now had an opportunity to study the decision in detail. This litigation was to decide what event would
More informationASBESTOS CONTRIBUTION ( INDIRECT ) CLAIM FORM
ASBESTOS CONTRIBUTION ( INDIRECT ) CLAIM FORM CELOTEX ASBESTOS SETTLEMENT TRUST Submit completed claims to: Celotex Asbestos Settlement Trust PO Box 1036 Wilmington, DE 19899-1036 Instructions for the
More informationFOREIGN CLAIM EVALUATION PROCESS PROCESSING OF MANVILLE TRUST CLAIMS WITH FOREIGN (NON-U.S. OR NON-CANADIAN) EXPOSURE
FOREIGN CLAIM EVALUATION PROCESS PROCESSING OF MANVILLE TRUST CLAIMS WITH FOREIGN (NON-U.S. OR NON-CANADIAN) EXPOSURE Policy Approved at Manville Trustees Meeting September 21, 2009 The Manville Trust
More informationRESPONSE BY FORUM OF INSURANCE LAWYERS (FOIL) (SCOTLAND) THE SCOTTISH GOVERNMENT CONSULTATION PAPER-
RESPONSE BY FORUM OF INSURANCE LAWYERS (FOIL) (SCOTLAND) TO THE SCOTTISH GOVERNMENT CONSULTATION PAPER- Partial Regulatory Impact Assessment on a Proposed Bill to Reverse House of Lords Judgement in Johnston
More informationKaiser Aluminum & Chemical Asbestos PI Trust Claim Form
General Instructions for filing this : Kaiser Aluminum & Chemical Asbestos PI Trust This claim form must be completed as thoroughly as possible to ensure prompt resolution of claims; submitting an incomplete
More informationSUMMARY OF S.B. 15 ASBESTOS/SILICA LITIGATION REFORM BILL
SUMMARY OF S.B. 15 ASBESTOS/SILICA LITIGATION REFORM BILL S.B. 15, the asbestos/silica litigation reform bill, distinguishes between the claims of people who are physically impaired or sick due to exposure
More informationAsbestos. Show Me The Money MEALEY S LITIGATION REPORT. A commentary article reprinted from the December 3, 2007 issue of Mealey s Litigation Report:
MEALEY S LITIGATION REPORT Asbestos Show Me The Money By Charles E. Bates, Ph.D. and Charles H. Mullin, Ph.D. Bates White Washington, D.C. A commentary article reprinted from the December 3, 2007 issue
More informationSUPPLEMENTAL NOTE ON SENATE BILL NO. 592
SESSION OF 2006 SUPPLEMENTAL NOTE ON SENATE BILL NO. 592 As Amended by Senate Committee on Financial Institutions and Insurance Brief* SB 592 would enact new law, the Asbestos Compensation Fairness Act.
More informationCase 10-31607 Doc 4432 Filed 03/16/15 Entered 03/16/15 09:10:55 Desc Main Document Page 1 of 9
Document Page 1 of 9 IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA Charlotte Division ) In re: ) ) Case No. 10-31607 GARLOCK SEALING TECHNOLOGIES ) LLC, et al., ) Chapter
More informationchemical poisoning. We work in a practical,
Our specialist team has a wealth of experience in dealing with claims arising from asbestos and chemical poisoning. We work in a practical, supportive & clear way, dedicated to gaining the best possible
More informationSnapshot of Recent Trends in Asbestos Litigation
16 June 2009 Snapshot of Recent Trends in Asbestos Litigation By Lucy P. Allen and Mary Elizabeth C. Stern* Over the past few years, the asbestos litigation environment has undergone many changes, including
More informationEL TRIGGER IN THE SUPREME COURT: WHAT HAPPENED AND WHAT S NEXT?
EL TRIGGER IN THE SUPREME COURT: WHAT HAPPENED AND WHAT S NEXT? 1. The Supreme Court's decision in the EL Trigger test cases (BAI (Run Off) v Durham [2012]UKSC14) reinstates the practice of employers liability
More informationLung Cancer Asbestos. Defenses, and Strategies. The National Forum for Environmental and Toxic Tort Issues Conference.
Lung Cancer Asbestos Update: Recent Trends, Defenses, and Strategies The National Forum for Environmental and Toxic Tort Issues Conference October 9, 2014 Daniel L. Jones Columbus, Ohio Daniel.jones@dinsmore.com
More informationBriefing. Asbestos Update. Parent Liability, Employer Liability and more. May 2012. Parent Company Liability
Briefing Asbestos Update May 2012 Parent Liability, Employer Liability and more In this briefing, we consider two recent judgments on (1) the responsibility of parent companies for the liabilities of subsidiaries
More informationthe compensation myth
the compensation myth The Compensation Myth It is common to hear stories of the Compensation Culture or claims that Britain is becoming Risk Averse as a result of people claiming compensation. The truth
More informationWorkers Compensation: USA and California
International Social Security Association Conference Seminar III: Respiratory Diseases in Asia - Reporting, Recording, Prevention and Rehabilitation Shenzhen, Peoples Republic of China September 2006 Workers
More informationAsbestos related disease compensation. no-one can change the past, but one of us could change your future
Asbestos related disease compensation no-one can change the past, but one of us could change your future Although asbestos was introduced into the UK in the 19th century, it s only in the last few decades
More informationWilliams v. University of Birmingham [2011] EWCA Civ 1242 Court of Appeal, 28 October 2011
Williams v. University of Birmingham [2011] EWCA Civ 1242 Court of Appeal, 28 October 2011 Summary In a mesothelioma claim, the defendant was not in breach of duty in relation to exposure to asbestos for
More informationMISSISSIPPI LEGISLATURE REGULAR SESSION 2013
MISSISSIPPI LEGISLATURE REGULAR SESSION 2013 By: Representative Turner To: Judiciary A HOUSE BILL NO. 529 1 AN ACT TO REQUIRE CLAIMANTS IN ASBESTOS TORT ACTIONS TO MAKE 2 CERTAIN DISCLOSURES PERTAINING
More informationFIRST JUDICIAL DISTRICT OF PENNSYLVANIA COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY TRIAL DIVISION. General Court Regulation No.
FIRST JUDICIAL DISTRICT OF PENNSYLVANIA COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY TRIAL DIVISION General Court Regulation No. 2013-01 Notice to the Mass Tort Bar Amended Protocols and Year-End Report
More informationH.R. 1283 CONGRESSIONAL BUDGET OFFICE COST ESTIMATE. Asbestos Compensation Act of 2000. July 13, 2000
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE July 13, 2000 H.R. 1283 Asbestos Compensation Act of 2000 As ordered reported by the House Committee on the Judiciary on March 16, 2000 SUMMARY H.R. 1283 would
More informationInstructions for Filing a Claim with the ABB Lummus Global Inc. 524(g) Asbestos PI Trust
Subject: Instructions for Filing a Claim with the ABB Lummus Global Inc. 524(g) Asbestos PI Trust Dear Plaintiff Counsel: The ABB Lummus Global Inc. 524(g) Asbestos PI Trust (the Trust ) was established
More informationOUTLOOK: PERSPECTIVES ON TOPICAL RISK AND INSURANCE ISSUES FOR UK CORPORATES
June 2013 MARSH INSIGHTS: OUTLOOK: PERSPECTIVES ON TOPICAL RISK AND INSURANCE ISSUES FOR UK CORPORATES Over recent months we have profiled several developments in relation to insurance claims specifically
More informationEuropean Product Liability Review Issue 40 - September 2010
European Product Liability Review Issue 40 - September 2010 Contents Overview Feature - The past, present and future of product regulation in the United States Legislation - EU Law and procedure - France
More informationASSEMBLY BILL No. 597
AMENDED IN ASSEMBLY APRIL 14, 2015 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and
More informationApril 2011. Asbestos in the university and higher education sector
April 2011 Asbestos in the university and higher education sector Contents Introduction... 1 Executive summary... 1 Background to asbestos... 2 Closer look: Research report results, and their impact on
More informationARTRA 524(g) Asbestos Trust Claim Form
General Instructions for filing this : This claim form must be completed as thoroughly as possible to ensure prompt resolution of claims; submitting an incomplete form may result in delays in processing,
More informationThe Chubb Corporation 2002 Asbestos Review. Date of release 04/30/03 1
The Chubb Corporation 2002 Asbestos Review Date of release 04/30/03 1 Forward Looking Statements The following materials may contain forward looking statements that are subject to certain risks and uncertainties
More informationInstructions for Filing Unliquidated Asbestos Personal Injury Claims
The United Gilsonite Laboratories Asbestos Personal Injury Trust (the Trust ) was established pursuant to the Modified First Amended Plan of Reorganization of United Gilsonite Laboratories Under Chapter
More informationNON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 HOWARD A. SCOTT, EXECUTOR OF IN THE SUPERIOR COURT OF THE ESTATE OF ALBERT L. SCOTT, PENNSYLVANIA DECEASED AND LAVERNE SCOTT, IN HER OWN RIGHT,
More informationASARCO Asbestos Personal Injury Settlement Trust
ASARCO Asbestos Personal Injury Settlement Trust Claim Form for Unliquidated Asbestos Personal Injury Claims General Instructions for filing this Claim Form: This Claim Form for Unliquidated Asbestos Personal
More informationEmployers Liability Trigger Point Litigation
Employers Liability Trigger Point Litigation Peter Bennett Partner Employers Liability Team Dolmans Solicitors www.dolmans.co.uk peterb@dolmans.co.uk A. Introduction The Way We Were. Mesothelioma Fatal
More informationColorado s Civil Access Pilot Project and the Changing Landscape of Business Litigation
Colorado s Civil Access Pilot Project and the Changing Landscape of Business Litigation On January 1, 2012, new rules approved by the Colorado Supreme Court entitled the Civil Access Pilot Project ( CAPP
More informationInstructions for Filing Claims
The T H Agriculture & Nutrition, L.L.C. Asbestos Personal Injury Trust (the Trust ) was established as a result of the bankruptcy of T H Agriculture & Nutrition, L.L.C. ( THAN ). The Trust was created
More informationTrends in European Casualty insurance
Trends in European Casualty insurance Case studies on Asbestos and Medical Malpractice Alessandro Santoni, FIA CAS Seminar on Reinsurance June 6, 2013 2013 Towers Watson. All rights reserved. Casualty
More informationAsbestos Disease Claims
Asbestos Disease Claims A client s guide Spring 2007 Contents 2. Essential elements for a successful claim 3. What we will do 3. Funding the case 3. Preliminary investigations 4. What happens next? 4.
More informationOther Asbestos Disease (Level I) Asbestosis/Pleural Disease (Level II) Asbestosis/Pleural Disease (Level III)
Congoleum Plan Trust Claim Form for Asbestos Personal Injury Claims General Instructions for filing this Claim Form: This Claim Form for Asbestos Personal Injury Claims should be completed only by holders
More informationAustralian Government Asbestos Litigation Unit
Australian Government Asbestos Litigation Unit Review of the Dust Diseases Claims Resolution Process Legal Branch New South Wales Cabinet Office GPO Box 5341 SYDNEY NSW 2001 asbestosreview@cabinet.nsw.gov.au
More informationCosts Law Update Lamont v Burton
- The Defendant Costs Specialists Costs Law Update Lamont v Burton The Court of Appeal s decision last week in Lamont v Burton [2007] EWCA Civ 429 is likely to have serious costs implications for defendants
More informationRecorder Acting Deemster of The Isle of Man
David Allan QC CALL 1974 SILK 1995 PRACTICE AREAS Personal Injury Clinical Negligence Industrial Disease APPOINTMENTS Deputy High Court Judge Recorder Acting Deemster of The Isle of Man E: clerks@byromstreet.com
More informationEmployer s Liability in a Practical Context
Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: Employer s Liability in a Practical Context 1.1 Introduction 1.2 The parties to an employer s liability claim 1.3 An
More informationInstructions for Filing Claims
The ARTRA 524(g) Asbestos Trust (the "Trust") was established as a result of the bankruptcy of the ARTRA Group. The Trust was created to process, liquidate and pay valid asbestos personal injury claims
More informationYour Guide to Asbestos Related Disease Claims
Your Guide to Asbestos Related Disease Claims www.colemans-ctts.co.uk enquiries@colemans-ctts.co.uk 100 Talbot Road, Stretford, Manchester M16 0PG 1-3 Union Street, Kingston-Upon-Thames, Surrey KT1 1RP
More informationMesothelioma Act 2014 and the Diffuse Mesothelioma Payment Scheme
www.fieldfisher.com/personalinjury Freephone 0800 358 3848 Mesothelioma Act 2014 and the Diffuse Mesothelioma Payment Scheme A guide for clients Head and shoulders above the rest in terms of skills, experience
More informationQuigley Asbestos PI Trust
Quigley Asbestos PI Trust Claim Form for Unliquidated Asbestos Personal Injury Claims General Instructions for Filing this Claim Form: This Claim Form should be completed only by holders of Unliquidated
More informationHazardous substances. Our capabilities in Paris
Hazardous substances Our capabilities in Paris 2013 Hogan Lovells - Hazardous substances: Our capabilities in Paris i Contents Our expertise in relation to hazardous substances 1 Sophisticated advice
More informationA Bad Moon on the Rise? The Development of Liability for Secondary Exposure To Asbestos
Illinois Association of Defense Trial Counsel Springfield, Illinois www.iadtc.org 800-232-0169 IDC Quarterly Volume 22, Number 3 (22.3.15) Feature Article By: Donald Patrick Eckler and Paul A. Ruscheinski
More informationYes No No Preference. Comments. Comments
1. Are the stated aims and purposes of the current voluntary pre-action protocols adequate to comply with the recommendations of the Scottish Civil Courts Review if made compulsory? (Please tick as appropriate)
More informationA BILL for AN ACT. Serial 137 Personal Injuries (Civil Claims) Bill 2003 Dr Toyne
Serial 137 Personal Injuries (Civil Claims) Bill 2003 Dr Toyne A BILL for AN ACT to provide for the economical and early resolution of claims for damages for personal injuries before proceedings are commenced,
More informationA-Best Asbestos PI Trust Claim Form
A-Best Asbestos PI Trust General Instructions for filing this : This claim form must be completed as thoroughly as possible to ensure prompt resolution of claims; submitting an incomplete form may result
More informationSkeletons in the Cupboard - Latent claim developments in General Insurance, Why they have happened and Possible inferences for healthcare
Skeletons in the Cupboard - Latent claim developments in General Insurance, Why they have happened and Possible inferences for healthcare Camilla Bennett and Kenneth McGaughey, PricewaterhouseCoopers LLP
More informationINSTRUCTIONS FOR FILING A CLAIM WITH THE CELOTEX ASBESTOS SETTLEMENT TRUST
INSTRUCTIONS FOR FILING A CLAIM WITH THE CELOTEX ASBESTOS SETTLEMENT TRUST The Celotex Asbestos Settlement Trust (Celotex Trust) was established as a result of the bankruptcy of the Celotex Corporation
More informationLegal Services Membership
::::: :: :~.w.,~.~!~i~:::: :~.:, Legal Services Membership LEGAL NOTES James F. Clark Isaksen, Lathrop, Esch, }{art & Clark September, 1986 ASBESTOS IN THE SCHOOLS -- AN UPDATE The Nationwide Class Action
More informationLEXIS NEXIS WEBINAR 17.9.13 ASBESTOS UPDATE THE SHIFTING SANDS OF CAUSATION
LEXIS NEXIS WEBINAR 17.9.13 ASBESTOS UPDATE THE SHIFTING SANDS OF CAUSATION INTRODUCTION: 1. The issue of causation has long been and continues to be a difficult one for industrial disease claims, and,
More informationReform to Lost Years Damages in Mesothelioma Claims
Reform to Lost Years Damages in Mesothelioma Claims September 2008 Neil Fisher and Kevin Johnson John Pickering and Partners LLP Email: kj@johnpickering.co.uk 19 Castle Street Liverpool L2 4SX Tel: 0151
More informationRisk Shifting: Indemnity & AI Provisions in a Construction Contract
Risk Shifting: Indemnity & AI Provisions in a Construction Contract Wednesday, August 15, 2012 Presented By the IADC Construction Law & Litigation Committee Welcome! The Webinar will begin promptly at
More informationEuropean Product Liability Review Issue 39 - June 2010
European Product Liability Review Issue 39 - June 2010 Contents Overview Feature - Foreign manufacturers liability in the United States Product safety - EU Law and procedure - France Law and procedure
More informationMesothelioma and asbestos claims
Mesothelioma and asbestos claims Our solicitors have been helping victims of mesothelioma and asbestos diseases and their families for over 30 years. Field Fisher Waterhouse is a law firm with one of the
More informationSpecialists in asbestos litigation
Specialists in asbestos litigation Patient information fact sheet about: Asbestos Compensation Claims Your guide and information pack to explain what financial help is available for those suffering from
More information