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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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Did You Know?
There are safety regulations that are intended to help prevent trucking accidents from occurring
Violations of safety recommendations greatly increase the risk of trucking accidents. Truck drivers must assume responsibility to take all measures to avoid trucking accidents and putting other drivers on the road in risk of becoming injured because of a trucking accident.
Definition:
Also called exemplary damages, which are designed to punish a defendant whose behavior in causing the plaintiff's injuries was especially egregious.
Liable
Definition:
Legally responsible. For example, a person may be liable for a debt, liable for an accident due to careless behavior, liable for failing do something required by a contract or liable for the commission of a crime.
Alternative Dispute Resolution
Definition:
An arbitration is a legal hearing, less formal than a trial, in which each side in a lawsuit or dispute offers evidence and testimony to a neutral hearing officer (the arbitrator). The arbitrator is typically an experienced attorney or a retired judge.
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