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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:
Young Boy Burned Near Old Faithful
A young boy from Utah was burned Saturday evening after falling into water from a recently erupted geyser in Yellowstone National Park.
The... Read more >
Definition:
A technical term in workers' compensation cases for a serious and permanent scar to the head, neck, or face.
Contributory negligence
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.
Disc Injury
Definition:
Injury to the supporting discs (cushions) located between each spinal bone. Discs that are ruptured or cracked may cause extraordinary pressure resulting in back pain.
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