GlobalTort : Commentary from lawyers and experts on mass torts, law, insurance and science

Japan - not the place one thinks of as hotbed for asbestos use and litigation. But, in fact, asbestos was heavily used as Japan rebuilt after the war. Today people are dying because of that past use. Much of that story, and more, apparently is told in a new book aimed at detailing events in Japan, and helping developing countries avoid our past mistakes. The book is:

 Asbestos Disaster: Lessons from Japan's Experience by Kenichi Miyamoto, Morinaga Kenji,  and Mori Hiroyuki

Google Reader includes the book, and is a good place to read the wide-ranging table of contents for this book of over 300 pages. The book looks good (given the subject matter) but at $ 190.00, I've not yet ordered a copy. One chapter appears to be online here as a paper.

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The global spread of litigation is increasing, and so are the indicators of even more litigation ahead.  Examples keep popping up in India. For example, this past October, the Time of India ran a story on judicial and administrative proceedings aimed at obtaining compensation for former asbestos mine workers. This morning there is  a Times of India story on the former asbestos mine workers  preparing to stage protests regarding the absence of reports on results from health screenings undertaken by a government mining agency. 

Indicators of how, when and why tort litigation will grow are laid out in a chapter I wrote for a 2004 comparative law book on business law. The chapter is on-line here, and is titled: What to Expect as the American Asbestos Litigation Industry Moves into Europe. The article draws and extrapolates to other countries some principles laid out by Professor Steven Yeazell in his wonderful 2002 article tracing the growth of the American litigation industry. All signs indicate  more asbestos litigation ahead around the globe.

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Asbestos litigation in Japan continues to grow. On December 1, 2010,  Honda lost in a mesothelioma claim,  and was ordered to pay 54 million yen in compensation, which is about $ 650,000. A Japan Today article reporting the judgment  is here, and is pasted below.

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The article is here. Note also that the article says the legislation would provide money for an early detection program for cancers. One wonders exactly what is contemplated.

Note further that the article is part of a stream of asbestos information pouting forth every day from various social media. The plaintiff's bar is doing very well at using social media to make people very conscious of asbestos.

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Here's another example of global activism regarding asbestos.  Here is the article online; the full text is pasted below.


February 1, 2010


Indian workers rebuke Quebec over asbestos


By CBC News


Unionized workers and activists in India capitalized on Quebec's trade mission this week to blast the province for its active role on the global asbestos market.


Unionized workers and activists in India capitalized on Quebec's trade mission this week to blast the province for its active role on the global asbestos market.

'It will be remembered as an act of barbarism in the history of industrial development where asbestos was knowingly allowed to be used, and where workers were knowingly subjected to it.'?Gobal Krishna, activist


While Quebec Premier Jean Charest led his 130-person mission through meetings with local business leaders and entrepreneurs, Indian opponents spoke out against the asbestos industry, blaming it for making workers in the subcontinent ill.



It's hypocritical for Quebec to ban the use of chrysotile asbestos at home, while selling it to countries in the developing world, said activist Gobal Krishna.


"It will be remembered as an act of barbarism in the history of industrial development where asbestos was knowingly allowed to be used, and where workers were knowingly subjected to it," Krishna told reporters at the news conference in Mumbai.



Asbestos has been banned by nearly every developed country and a growing number of developing nations, but countries like India still rely on the flame-resistant mineral for construction projects.




At least 20 per cent of workers in India are exposed to asbestos on a regular basis, and the building material is responsible for making many Indian workers sick, accused Sanjay Singhvi, secretary general of the Trade Union Centre of India, a labour federation.



Asbestos can't be used safely in India, he said.


The United Nations says chrysotile asbestos, widely used in building materials, accounted for about 94 per cent of global asbestos production and is considered a carcinogen by the World Health Organization. At least 90,000 people die each year from asbestos-related diseases such as lung cancer and mesothelioma, the UN said.



Singhvi said he was disappointed Charest refused to meet with his organization during the weeklong trade mission. Charest's office said Quebec promotes the responsible use of asbestos.

Quebec exports to India hit $427M


Charest arrived in Mumbai on Sunday with 130 Quebecers participating in the trade mission.



The premier said the mission aims to promote Quebec expertise in infrastructure, environmental technologies and telecommunications to the Indian market, which counts more than 1.2 billion people.


Thirteen deals were penned between Quebec and Indian companies on Monday, including an agreement with a Quebec City company specializing in cleaning industrial waste water.


Quebec exported $427 million in goods to India in 2008, including airplanes, paper, asbestos and electronics.


Opposition Parti Québécois members accuse Charest of fleeing to foreign lands in order to avoid political pressure at home, including calls for a public inquiry into the province's dysfunctional construction industry.


Quebec operates two asbestos mines.

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Here is the online image of Munich Re's recent, comprehensive report on asbestos litigation, Asbestos: Anatomy of a Mass Tort. The 112 page report is authored by Nicholas Roenneberg, and is Order number 302-06142. The report can be downloaded and printed from this page.
The same page, on the right hand side, allows you to order a printed copy at no charge.

The report is quite good. It begins with a review of asbestos litigation in North America. The report goes on to explain and explore various factors relevant to reinsurers such as Munich Re.

Beginning at page 58, the report addresses asbestos claiming in other nations in the context of employers' liability. The report covers the UK, Ireland, Italy, Spain, France, Czech Republic, Japan and Brazil. These country-specific reports are well worth reading to better understand the global asbestos claiming situation.

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I owe a hat tip and thanks to Christian Lahnstein of Munich Re for bringing the report to my attention this past fall, and for provding value contributions to dialog regarding mass tort claiming. Christian is a very thoughtful thinker and speaker on the subject of asbestos claiming and its consequences. Indeed, he is thoughtful enough that at a dinner before an international asbestos conference this past fall in London, a smart plaintiff's lawyer listened to Christian for a while and then commented that he was surprised to learn that Christian works in the insurance industry.

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Here is an interesting AmLaw post on the Korean government seeking to deregulate legal services and end restrictions on nonlawyers investing in and providing legal services. The key excerpts say:

"The Korean government is planning a major deregulation of the nation's legal and other professional services markets, the Korea Herald reports.

At a government meeting Tuesday, Finance Minister Yoon Jeung-hyun explained the move as a way to boost employment in the high-value services sector.

"The government will lower entry barriers to the professional service market to spur competition and to boost the size of the market," Yoon said.

A number of measures aimed at reducing regulation have been recommended to the government by the Korean Development Institute, a think tank. Perhaps most controversially, the KDI has proposed that non-lawyers and conglomerates be permitted to own stakes in law firms. The institute has also recommended an end to restrictions on lawyers, patent agents and certified public accountants practicing together."

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One factor behind asbestos litigation is the amount of media attention focused on asbestos. Accordingly, it's telling to see the increasing media attention around the globe. A current example arises as the Korean media focuses attention on products with talc that may or may not contain asbestos fibers. A Korea Times article of April 5 reports on 11 baby powers said to be "contaminated," and describes calls for investigations into whether balloons or gum used talc that contained asbestos fibers.

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Popular wisdom has it that that the types of tort litigation we have in the US are abhorred by the rest of the world. The reality, however, is that the world is changing, as is evidenced by today's news including an article from the Mainiachi Daily News regarding the filing of two new asbestos claims in Korea. The full text is set out below.

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Bereaved families of 2 South Koreans sue firms over asbestos deaths
SEOUL -- The bereaved families of two South Korean residents who died from mesothelioma after living near a factory producing asbestos have filed a damages suit against three parties including Nichias Corp., it has emerged.
In the suit filed at the Busan district court, plaintiffs demanded companies including Tokyo-based Nichias Corp. pay 200 million won (about 14 million yen) each in compensation.
It is the first time that local residents near an asbestos factory have filed a damages suit in South Korea. Local environmentalist groups and former residents near the factory have also joined hands in seeking relief measures.
The plant -- an asbestos spinning factory -- was run by Jeil Asbestos (present-day Jeil E&S), which was jointly established by Nippon Asbestos (forerunner of Nichias) and a South Korean company near Busan city hall in 1971. The plant continued to operate until 1992.
One of the male victims was living 900 meters away from the factory for seven years in the 1980s and subsequently died in 2006 from mesothelioma at age 44. The other victim was living 2.1 kilometers away from the factory for four years during the 1970s and died in 2002 from mesothelioma at age 62.
On Nov. 13 this year, their bereaved families sued Nippon Asbestos and Jeil E&S, as well as the South Korean government for "failing to take measures to improve the factory."
According to the complaint, the plaintiffs claim that Nichias established the joint venture while knowing the toxicity of asbestos but concealed it from the public.
"Nichias moved (its operations) to Busan after regulations against asbestos particulates were strengthened in Japan and it became difficult to produce asbestos in the country. The company now also operates plants in Indonesia and other Third World countries. We want to prevent the spread of pollution exports through the suit," said a representative of a Busan-based environmental group supporting the plaintiffs.
A representative of Nichias said, "We have not received the complaint and have not confirmed the suit. Those involved in the joint venture have already retired and we do not know the details."
In a related development in December last year, the Daegu district court in South Korea ordered Jeil E&S to pay 158 million won in compensation to a female former employee of its Busan factory who died from mesothelioma. The court case has subsequently prompted a series of damages suits against the company by its former employees.
Click here for the original Japanese story
(Mainichi Japan) November 18, 2008

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Perspective matters. In the US, we hear a fairly steady stream of criticism of civil and criminal juries. It's interesting, then, that in some Asian nations, they are experimenting with implementing jury trials as perhaps desirable legal system changes. In general, the proponents argue that juries serve as a bulwark against the government and allow expression of the views of the "common man." The critics generally complain that juries are too unpredictable and do not understand complex issues.

For specifics, the NYT has a July 18, 2008 article about recent high-speed jury trials in criminal cases in South Korea. The International Herald Tribune also has published an article about the jury trial experiments in Korea, Japan and elsewhere. Likewise, a recent article on Law.com described US lawyers traveling to Japan to consult with Japanese lawyers in light of Japan's experimentation with jury trials for serious criminal cases. The experiment in Korea with juries for criminal cases also is the subject of Korean law blog commentary.

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