Comments on: Asbestos litigation: background https://www.overlawyered.com/2008/05/asbestos-litigation-background/ Chronicling the high cost of our legal system Sun, 11 May 2008 13:11:59 +0000 hourly 1 By: Private https://www.overlawyered.com/2008/05/asbestos-litigation-background/comment-page-1/#comment-14887 Sun, 11 May 2008 13:11:59 +0000 http://overlawyered.com/wpblog/index.php/2008/05/asbestos-litigation-background/#comment-14887 If you really want to get upset, read this April 2008 law review on secrecy in the administration of bankruptcy trusts and their claim payment practices. The authors have published it on their firm’s website too. The mass filings have moved out of the tort system, for now.

http://www.cozen.com/admin/files/publications/Transparency_Article.PDF

]]> By: Brian https://www.overlawyered.com/2008/05/asbestos-litigation-background/comment-page-1/#comment-14886 Thu, 08 May 2008 22:57:19 +0000 http://overlawyered.com/wpblog/index.php/2008/05/asbestos-litigation-background/#comment-14886 While some of the manufacturers may have equivocated on the dangers of asbestos, many USERS of asbestos products had no particular knowledge about the dangers. Thus, metals manufacturers, brake pad manufacturers, boiler manufacturers, etc. continued to use asbestos-containing products in accordance with then-existent H&S standards. But when the plaintiffs’ bar bankrupted most of the primary asbestos manufacturers, they simply turned their gun sights on secondary users. These secondary user cases should have been tossed out, but the “let everything go to the jury” mentality of our modern judiciary rarely allowed issues of knowledge and culpability get in the way of the asbestos litigation machine.

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