Class action curbed, but asbestos still simmers
While a bill to shield businesses from major class action law suits has been approved by the US Senate, support for a proposal to create a $US140 billion asbestos compensation fund is flagging among Republicans.
The no-fault asbestos scheme would end the thousands of injury claims filed in the US. But there’s a variety of opponents, including unions who claim the figures are insufficient, and trial lawyers who oppose the fact that a no-fault scheme doesn’t need much of a judicial process.
In the meantime, the 72-26 Senate approval for a class action bill has vast implications for liability claims. The bill means that large class action lawsuits would no longer be heard in small state courts, traditionally known for awarding large damage sums.
Big business has pushed for these changes for years – with the backing of President George W Bush – in the belief that lawyers have taken advantage of the system by “forum shopping” and filing lawsuits for their own financial gain.
Senators backing the bill believe more money from such cases goes to the lawyers than the actual victims.
Senate Majority Leader Bill Frist says the bill is designed to rein in lawsuit abuses, but will not restrict a person’s right to bring a case. But bankruptcy reform and the federal budget are next in line for the Senate, and it will be a while yet before the new bills get a hearing.