Finding Solutions to the Asbestos Litigation Problem: The Fairness in Asbestos Compensation Act of 1999 : Hearing Before the SubCommittee on Administrative Oversight and the Courts of the Committee on the Judiciary, United States Senate, One Hundred Sixth Congress, First Session on S. 758 to Establish Legal Standards and Procedures for the Fair, Prompt, Inexpensive, and Efficient Resolution of Personal Injury Claims Arising Out of Asbestos Exposure, and for Other Purposes, October 5, 1999

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Page 128 - *[a] person has no property, no vested interest, in any rule of the common law.' The 'Constitution does not forbid the creation of new rights, or the abolition of old ones recognized by the common law, to attain a permissible legislative
Page 37 - their parents. subsidiaries, officers, directors and employees and such additional corporate or other entities as may in the future, and with the consent of a majority of the companies and a majority of the plaintiffs' counsel executing this Agreement, agree to be bound by the terms and conditions of this Agreement. (C) "Designated Representative
Page 38 - Covered Persons and Claims", and such additional plaintiffs' counsel as may In the future, and with the consent of a majority of plaintiffs' counsel and a majority of the Company Signatories executing this Agreement, agree to be bound by the terms and conditions of this Agreement.
Page 128 - is not at all clear that the Due Process Clause in fact requires that a legislatively enacted compensation scheme either duplicate the recovery at common law or provide a reasonable substitute remedy. * * * Indeed, statutes limiting liability are relatively commonplace and have consistently been enforced by the courts.
Page 147 - Duke Power Co. v. Carolina Envtl. Study Group, Inc. 438 US 59 (1978), the Supreme Court explained that "'[a] person has no property, no vested interest, in any rule of the common law.™
Page 26 - as is the Building and Construction Trades Department of the AFL-CIO, which has been actively involved over the years in representing workers exposed to asbestos. I have attached to my written testimony a copy of a letter from Robert Georgine, the President of the Building and Construction Trades Department of the AFL-CIO, to Congressman Conyers,
Page 114 - [SJingle-state, action * * * is an ineffectual response to the problem, because one state cannot control what happens in other jurisdictions. In fact, the state that acts alone may simply provide some relief to out-of-state manufacturers at the expense of its own citizen-victims, a situation that hardly provides much law reform incentive for state legislators.
Page 78 - Court, Justice Ginsburg wrote, "The argument is sensibly made that a nationwide administrative claims processing regime would provide the most secure, fair, and efficient means of compensating victims of asbestos exposure. Congress, however, has not adopted such a solution.
Page 114 - Any realistic solution to the problems caused by the asbestos litigation in the United States must be applicable to all fifty states. It is our belief that such a uniform solution can only be effected by federal legislation. WR Grace & Co. v. Waters, 638 So.2d 502, 505 (Fla. 1994).
Page 154 - Any realistic solution to the problems caused by the asbestos litigation in the United States must be applicable to all fifty states. It is our belief that such a uniform solution can only be effected by federal legislation." WR Grace & Co. v. Waters, 638 So.2d 502, 505 (Fla. 1994).