Asbestos Litigation Developments, Especially New Article by Mark Behrens
Pointoflaw collected several asbestos events links, some of which come back here.
Of particular note is Mark Behren’s new Review of Litigation article: What’s New In Asbestos Litigation.
For those who do not know Mark, he is with Shook Hardy in DC and has a great command of asbestos issues. Mark has been active in asbestos issues for a long time, especially legislation. Mark however goes far beyond legislative work to write several material articles. Mark also has given expert testimony in asbestos bankruptcies as to how and why the bankruptcy trust funds are defying state law. Mark is absolutely correct on that point, and that’s why asbestos bankruptcy trusts are so much loved by the lawyers for non-impaired claimants. Simply put, they are using the chapter 11 trusts to avoid state law tort reform statutes, and are thereby continuing to collect massive amounts of money for persons who do not have any impairment of their daily activities.
You can obtain the full text of several of Mark’s articles at his page on Shook Hardy’s website.