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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?
Every 15 seconds someone suffers a brain injury
Brain injury patients that have experienced permanent brain injury symptoms can sometimes learn to compensate for the lost functioning with the proper brain injury treatment. This brain injury treatment can be costly and emotionally upsetting, in addition the brain injury may have limited the brain injury victim's previous work and social activities.
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Latest news about injury cases in Oklahoma and nationwide:
Law Was Intended To Strike
Over the last year there has been much public discussion on "Sidewalk Lawsuits". This type of claim, historically the most common personal injury c... Read more >
Definition:
Hyperextension (over-extension) injury to the neck, often the result of being struck from behind, as by a fast-moving vehicle in a car accident.
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.
Traumatic Brain Injury
Definition:
Serious injury to the head often resulting in severe and permanent damage to the brain. A bone may break or fracture when the force applied against it is greater than the strength of the bone itself.
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