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Category Archives: Toxic Tort

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Getting the Facts: House Considers the “Furthering Asbestos Claims Transparency (FACT) Act” of 2013

Posted in Asbestos Litigation, Litigation Trends, Toxic Tort

The House of Representatives subcommittee on Regulatory Reform, Commercial and Antitrust Law is currently considering the “Furthering Asbestos Claims Transparency (FACT) Act.”   The bipartisan legislation, introduced by Representatives Blake Farenthold (R-TX) and Jim Matheson (D-UT), aims to bring transparency to federal asbestos bankruptcy trusts. Bill H.R. 982 would require federal asbestos bankruptcy trusts to file quarterly… Continue Reading

Judge’s Decision Brings Much Needed Clarity On The Issue of Maritime Jurisdiction in Asbestos Exposure Cases.

Posted in Asbestos Litigation, Toxic Tort

Co-authored by Brian Gross Choice of law analyses can, at times, be complicated affairs.  That is particularly true in asbestos cases in which a plaintiff alleges exposure to numerous asbestos-containing products in multiple states over a prolonged period of years.  An additional layer of complexity is added when some or all of the plaintiff’s allegations relate… Continue Reading

Tort Reform Law And The Controversial “Losers Pay” Provision; A Game Changer For Asbestos Litigation?

Posted in Asbestos Litigation, Toxic Tort

Co-authored by Brian Gross The Texas legislature recently enacted a major tort reform law which would make the losing party pay the opposing party’s “costs and reasonable and necessary attorney’s fees.”  In its true form, this rule, also known as the “English Rule,” requires that a losing party in litigation pay the fees and the costs… Continue Reading