Asbestos bankruptcy trusts and tort compensation

  • 0 Ratings
  • 0 Want to read
  • 0 Currently reading
  • 0 Have read

My Reading Lists:

Create a new list

Check-In

×Close
Add an optional check-in date. Check-in dates are used to track yearly reading goals.
Today

  • 0 Ratings
  • 0 Want to read
  • 0 Currently reading
  • 0 Have read

Buy this book

Last edited by MARC Bot
August 23, 2024 | History

Asbestos bankruptcy trusts and tort compensation

  • 0 Ratings
  • 0 Want to read
  • 0 Currently reading
  • 0 Have read

Payments by asbestos bankruptcy trusts have played an increasingly important role in compensating asbestos injuries and have become a matter of contention between plaintiff and defense attorneys. At issue is how tort cases take into consideration compensation paid by trusts and the evidence submitted in trust claim forms. This monograph examines how such evidence and compensation are addressed by state laws and considered during court proceedings. It also examines how the establishment of the trusts potentially affects plaintiff compensation from trusts and the tort system combined, payments by defendants that remain solvent, and the compensation available to future, as compared to current, plaintiffs. The authors find that the potential effects of trusts⁰́₉ replacement of once-solvent defendants are very different in states with joint-and-several liability than in states with several liability. In states with joint-and-several liability, total plaintiff compensation should not change. In several-liability states, the replacement of once-solvent defendants by trusts can cause total plaintiff compensation to increase, decrease, or remain unchanged. The findings underscore the importance of information on plaintiff exposure to the products and practices of the bankrupt firms in determining the trusts⁰́₉ effects on plaintiff compensation and on payments by defendants that remain solvent.

Publish Date
Publisher
RAND Corporation
Language
English
Pages
89

Buy this book

Previews available in: English

Edition Availability
Cover of: Asbestos bankruptcy trusts and tort compensation
Asbestos bankruptcy trusts and tort compensation
2011, RAND Corporation
in English

Add another edition?

Book Details


Table of Contents

Linkages between the trusts and tort cases in six states
Potential effects that trusts can have on total plaintiff compensation and payments by defendants that remain solvent.

Edition Notes

"RAND Institute for Civil Justice."

Includes bibliographical references (p. 85-89)

Published in
Santa Monica, CA

Classifications

Dewey Decimal Class
346.7307/8
Library of Congress
KF1530.R3 D594 2011, KF1530.R3D594 2011

The Physical Object

Pagination
xix, 89 p. :
Number of pages
89

ID Numbers

Open Library
OL25025200M
Internet Archive
asbestosbankrupt0000dixo
ISBN 10
0833058347
ISBN 13
9780833058348
LCCN
2011031315
OCLC/WorldCat
742306041

Community Reviews (0)

Feedback?
No community reviews have been submitted for this work.

Lists

This work does not appear on any lists.

History

Download catalog record: RDF / JSON
August 23, 2024 Edited by MARC Bot import existing book
January 30, 2024 Edited by ImportBot import existing book
December 10, 2022 Edited by ImportBot import existing book
October 22, 2011 Created by LC Bot import new book