Washington, D.C. — The following is a statement from American Association for Justice CEO Linda Lipsen on today’s markup of the Furthering Asbestos Claims Transparency (FACT) Act (H.R. 526) in the U.S. House of Representatives Committee on the Judiciary:
“Asbestos is still legal in the United States, and with 12,000 to 15,000 Americans suffocating to death every year from asbestos diseases, Congress should act to protect the public by demanding transparency from asbestos corporations. Instead, the FACT Act will grant a handout to the very corporations that poisoned and killed hundreds of thousands of Americans, while doing nothing to prevent further exposure to this deadly toxin.
“The asbestos industry is the only supporter of the FACT Act, and to date, this committee has refused to hear testimony from people who have experienced the ravages of asbestos diseases. Americans should be outraged that this markup will go forward without consideration of the people who will shoulder the entire burden of this one-sided bill – asbestos victims and their families."
Showing posts with label American Association for Justice. Show all posts
Showing posts with label American Association for Justice. Show all posts
Monday, May 18, 2015
Tuesday, November 1, 2011
GAO Deals Major Blow to Asbestos Manufacturers
Report counters efforts from U.S. Chamber and its corporate allies to deny recourse to workers and consumers dying from asbestos exposure
The U.S. Government Accountability Office (GAO) released a report – requested by House Judiciary Chairman Lamar Smith – detailing the role and administration of asbestos trusts. The report refutes claims made by the U.S. Chamber and asbestos manufacturers, finding that the trusts are transparent and have measures in place to prevent fraud.
The following is a statement from American Association for Justice President Gary M. Paul:
“Tens of thousands of American workers and their families have died from asbestos exposure, a product that is still legal in the U.S. Asbestos manufacturers should be ashamed of their efforts to prevent these people from obtaining recourse through the trust system.
“This GAO report shows that the U.S. Chamber and its asbestos allies have severely misplaced priorities. Their insistence on a GAO study of this issue has backfired, as it found that these trusts are transparent and protect the interests of Americans suffering from asbestos-related diseases.
“The GAO has found what we knew all along: this attack on asbestos trusts is just the latest attempt to shield asbestos manufacturers that knowingly killed their workers for decades.”
The GAO report found the following:
- As early as 1900, asbestos was recognized as a cause of occupational disease. By 1960, the connection between asbestos and mesothelioma was established.
- Most trusts cannot pay the full value of a claim. As a result, trusts determine a payment percentage, a fraction of the full value that can be paid to present claimants in order to maintain sufficient assets for present and future claims.
- 98 percent of the trusts reviewed by the GAO required a claims audit program. Of the trust officials interviewed that conducted audits, none indicated that these audits had identified cases of fraud.
- Each of the 47 trust annual financial reports for 2009 and 2010 that GAO obtained and reviewed included the total amount of payments made by the trusts and most included the total number of claims received and paid.
- Asbestos defendants can readily obtain additional information related to trusts or claimants through direct requests to the trust or by way of court-ordered subpoenas.
- Similar to the Federal Rules of Civil Procedure, state civil procedure rules generally protect the confidentiality of settlement negotiations. This underscores that the federal government (in particular U.S. Congress) has no reason to meddle in this matter of state law and civil procedure.
The plaintiff attorneys interviewed in the RAND study stated that all of the potentially relevant information in the trusts’ possession is available to the defense through pretrial discovery and emphasized that the trusts are analogous to any other settling party and related negotiations and payments are privileged.
For over 4 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.
Monday, October 31, 2011
U.S. Chamber’s Hypocrisy Exposed: Do As I Say, Not As I Sue
New report shows hypocrisy of Institute for Legal Reform’s corporate board members that aggressively litigate while blocking justice for everyday Americans
As the U.S. Chamber’s Institute for Legal Reform (ILR) holds its annual summit – a strategy session on eliminating Americans’ access to the civil justice system – a new report exposes ILR’s corporate board members that hypocritically use the courts for their own gain against competitors, customers and even each other.
In its newest report, Do As I Say, Not As I Sue, the American Association for Justice (AAJ) exposes the hypocrisy of 10 ILR board members that regularly use the legal system to advance their own agendas, while at the same time advocating legislation that would close the courthouse doors to anyone who would hold them accountable for their own wrongdoing.
“These corporations, like all Americans, have a right to seek justice through the legal system,” said AAJ President Gary M. Paul. “What makes their actions shameful and hypocritical is that these companies are members of ILR’s board for the sole purpose of denying American workers and consumers this same right.”
One ILR board member highlighted in the report is Honeywell International, which has regularly taken competitors to court, but would prefer not to be held accountable for distributing defective body armor to law enforcement personnel across the country, or downplaying the dangers of asbestos exposure.
In return for its financial contributions to ILR, Honeywell has received policy and public relations help when its negligence has been uncovered. Four days after an Illinois jury delivered a multi-million dollar verdict against Honeywell for conspiring to hide the dangers of asbestos, ILR issued a press release stating that the decision “confirms a troubling trend in the State of Illinois where there is a hostile ligation environment.” Additionally, the Madison County Record, an Illinois-based propaganda-as-news outlet fully owned by ILR, featured an article headlined, “McLean County Continues Inching Closer to Becoming a ‘Judicial Hellhole.’”
The irony does not stop with Honeywell – AAJ’s report also highlights the litigation hypocrisy of ILR board members FedEx, Dow Chemical Company, General Motors Corporation, Caterpillar, State Farm, Koch Industries, Abbott Laboratories, Prudential and Johnson & Johnson.
Online ads will run this week on major news sites and blogs to promote the report, Do As I Say, Not As I Sue: Exposing the Lawsuit-Happy Hypocrites of U.S. Chamber’s Institute for Legal Reform, which can be found at www.justice.org/USChamber.
Tuesday, March 15, 2011
Worker's Comp, Walker, and Wisconsin’s Wailing
Guest Blog by Thomas M. Domer
What’s the connection between worker’s comp and Wisconsin Governor Walker’s assault on public sector bargaining rights? The immediate effect is that public sector workers will earn less money, and when hurt on the job, get less worker’s comp benefits. Over the longer term, denying the unions’ right to bargain over health benefits and working conditions will have significant effects.
Many public sector workers (cops, firefighters, teachers, city and county workers), will fall into the “no health insurance” heap that affects many private sector employees currently. When their claims are denied by the self-insured employer (the city, county, or school district), employees will not be able to get timely needed medical care for their injuries. And, to be sure, cities, counties and school districts will be under tons of political pressure to tighten their belts and budgets by denying claims with greater frequency. Lastly, since unions won’t be able to bargain over working conditions, safety issues will arise at a predictably larger rate. Workers will be at risk by the “corner-cutting” measures put in place by the budget slashing, no tax increase political mandate the ruling party possesses.
Thomas M. Domer practices in Milwaukee, Wisconsin (www.domerlaw.com). He has authored and edited several publications including the legal treatise Wisconsin Workers' Compensation Law (West) and he is the Editor of the national publication, Workers' First Watch. Tom is past chair of the Workers' Compensation Section of the American Association for Justice. He is a charter Fellow in the College of Workers' Compensation Lawyers. He co-authors the nationally recognized Wisconsin Workers' Compensation Experts Blog.
Many public sector workers (cops, firefighters, teachers, city and county workers), will fall into the “no health insurance” heap that affects many private sector employees currently. When their claims are denied by the self-insured employer (the city, county, or school district), employees will not be able to get timely needed medical care for their injuries. And, to be sure, cities, counties and school districts will be under tons of political pressure to tighten their belts and budgets by denying claims with greater frequency. Lastly, since unions won’t be able to bargain over working conditions, safety issues will arise at a predictably larger rate. Workers will be at risk by the “corner-cutting” measures put in place by the budget slashing, no tax increase political mandate the ruling party possesses.
Thomas M. Domer practices in Milwaukee, Wisconsin (www.domerlaw.com). He has authored and edited several publications including the legal treatise Wisconsin Workers' Compensation Law (West) and he is the Editor of the national publication, Workers' First Watch. Tom is past chair of the Workers' Compensation Section of the American Association for Justice. He is a charter Fellow in the College of Workers' Compensation Lawyers. He co-authors the nationally recognized Wisconsin Workers' Compensation Experts Blog.
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