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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?
Nursing home abuse can occur in many different ways.
Many people associate nursing home abuse to just physical, however nursing home abuse can also be emotional, psychological, sexual, verbal, and neglect. Watching for signs of nursing home abuse can help prevent further damage from occurring because in many instances residents are afraid to disclose that nursing home abuse is happening.
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Compensation for Personal Injury Victims
eneficiaries. To maintain the privacy of individual claimants and beneficiaries, the Fund will not list names or any other identifying information tha... Read more >
Definition:
Broadly, carelessness on the plaintiff's part. More precisely, conduct which falls below the standard of care established by law for the protection of one's self against unreasonable risk of harm.
Amicus curiae
Definition:
(Latin: "friend of the court.") Person or organization that files a legal brief with the court expressing its views on a case involving other parties because it has a strong interest in the subject matter of the action.
Cerebral edema
Definition:
Accumulation of excessive fluid in the substance of the brain. The brain is especially susceptible to injury from edema, because it is located within a confined space and cannot expand.
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