AAA Mass Torts

Question 1

AAA Mass Torts - Why residual exposure will occur even if asbestos is banned

Answer 1

previously manufactured products; waste in environment from incomplete disposal; erosion of naturally occurring deposits

Question 2

AAA Mass Torts - Why defense costs may increase in the future

Answer 2

more defendants involved; abandoning settlement strategies; new defendants significant discovery costs; coverage disputes

Question 3

AAA Mass Torts - Seriously injured claimants concerns

Answer 3

important to resolve claims quickly; high transaction costs; companies become bankrupt; nonmalignancy claims may exhaust funds

Question 4

AAA Mass Torts - Non-seriously injured claimant concerns

Answer 4

statute of limitations; money may not be available later; ongoing costs of medical monitoring

Question 5

AAA Mass Torts - Concerns of major asbestos defendants

Answer 5

juror sympathy; awards should be partly funded by tobacco industry; system prohibitively expensive; want to achieve finality

Question 6

AAA Mass Torts - Concerns of peripheral asbestos defendants

Answer 6

products incapsulated and did not contribute; unfair to hold accountable the same as major companies; suits should be borne by foreign companies; defense costs higher for peripheral defendants compared to plaintiff awards

Question 7

AAA Mass Torts - Insurer concerns

Answer 7

interpretation of contracts regarding liabilities never intended to insure; predicability in financial results and quantifying expected liabilities

Question 8

AAA Mass Torts - Federal reform approach

Answer 8

trust fund

Question 9

AAA Mass Torts - State reform initiatives

Answer 9

inactive dockets; medical criteria statuses; restrictions on consolidation and venue rules; caps on punitive and non-economic damages