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Asbestos Bankruptcy Trusts and Tort Compensation by Dixon, Lloyd S; McGovern, Geoffrey; Institute for Civil Justice (U.S.) is a book available to read on EtoBox.

What is Asbestos Bankruptcy Trusts and Tort Compensation about?

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 Import

Author
Dixon, Lloyd S; McGovern, Geoffrey; Institute for Civil Justice (U.S.)
Publisher
Institute for Civil Justice
Published
2011
Language
EN
ISBN
9780833058348
Subjects
Law

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