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Asbestos and Asbestos Trust Transparency

Transparency in asbestos litigation is essential to ensure fair compensation for victims and prevent abuse of trust funds.

The Problem

Many asbestos lawsuits lack transparency, with claimants often filing against multiple trusts without disclosing this information in court. This can lead to inconsistent awards, double-dipping, and depletion of trust funds meant for future claimants.

ATRA’s Position

Require claimants to disclose all trust claims filed, ensuring fair compensation and protecting trust resources for future victims.

Search Through ATRA Reforms

Search through all of ATRA's reforms around Asbestos and Asbestos Trust Transparency
Asbestos Litigation Reform: H.B. 403 (2016)
Enacts transparency requirements with respect to asbestos bankruptcy trust claims in civil asbestos actions by requiring the plaintiff to provide spec...
Utah
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Asbestos Litigation Reform: HB 292 (2004)
Established minimum medical requirements (based on AMA guide to the evaluation of permanent impairment) for filing asbestos claims. Specified plain...
Ohio
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Asbestos Trust Fund Transparency: A.B. 19 (2014)
Provides transparency and prevent fraud in lawsuits involving personal injury trusts   by creating certain discovery requirements during litigation.  ...
Wisconsin
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Asbestos Trust Fund Transparency: AB 19 (2014)
Provides transparency and prevent fraud in lawsuits involving personal injury trusts by creating certain discovery requirements during litigation.  Th...
Wisconsin
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Asbestos Trust Transparency: H.B. 1492 (2015)
Texas
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Asbestos Trust Transparency: H.B. 2603 (2015)
Provides for additional notice requirements in an asbestos personal injury claim, as well as certain transparency requirements for asbestos trust clai...
Arizona
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Asbestos Trust Transparency: S.B. 2062 (2016)
Pertains to asbestos bankruptcy trust claims transparency, asbestos medical criteria requirements, and several asbestos-related tort reforms including...
Tennessee
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Asbestos Trust Transparency: S.B. 411 (2015)

Creates the Asbestos Bankruptcy Trust Claims Transparency Act and Asbestos and Silica Claims Priorities Act.

West Virginia
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Asbestos/Silica Litigation Reform: HB 1019 (2005)
Established minimum medical criteria, based on American Medical Association recommendations, for filing asbestos and silica claims. Revised statute of...
Florida
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Asbestos/Silica Litigation Reform: HB 416 (2005)
Established minimum medical criteria (based on AMA guide to the evaluation of permanent impairment) for the filing of asbestos and silica claims and e...
Georgia
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Asbestos and Asbestos Trust Transparency News and Press

Explore ATRA's most recent press releases and blogs around Asbestos and Asbestos Trust Transparency

Judicial Overreach In South Carolina Asbestos Cases Draws National Scrutiny

Today, the American Tort Reform Foundation released its 2024-2025 “Judicia...
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ATRA Hails Alabama as ‘Tort Reform Trailblazer’ After Passing Crucial Asbestos Litigation Reform

Today, the American Tort Reform Association recognized Alabama as a “Tort ...
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South Carolina Grapples with No. 5 Spot in Judicial Hellholes® Ranking

South Carolina finds itself in the spotlight as the American Tort Reform F...
Read More
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Search Resources

Search through all of ATRA's Amicus Briefs, Reports, and Other Resources around Asbestos and Asbestos Trust Transparency
Search All
States
Status
Post Types
Date
CSX Transportation, Inc. v. Carey, II et. al.
(KY., filed August 26, 2025) : Arguing that in a wide range of cases, identification of suspicious claims activity has led to investigations that hav...
Kentucky
  • Case Not Yet Decided iconCase Not Yet Decided
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Comment on “A Critical Review of Greenhouse Gas Emissions on the U.S. Climate” Report
This comment is on behalf of the American Tort Reform Association (ATRA), a broad-based coalition of businesses, associations, and professional firms...
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Gill v. Exxon Mobil Corp.
(Pa. App., filed June 23, 2025): Arguing that trial courts must zealously ensure the integrity and fairness of the jury system throughout the trial p...
Pennsylvania
  • Case Not Yet Decided iconCase Not Yet Decided
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CareFirst of Maryland, Inc. v. Johnson & Johnson and Janssen Biotech Inc.
(E.D. Va., filed August 15, 2025): Arguing that Plaintiffs urge an unprecedented theory that a defendant can violate antitrust law by incidentally a...
Eastern District of Virginia
  • Court Ruled in Favor of ATRA's Position iconCourt Ruled in Favor of ATRA's Position
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Berk v. Choy
(U.S., filed August 7, 2025): Arguing that State legislatures enacted affidavit of merit statutes to prevent meritless lawsuits that threaten the ava...
SCOTUS
  • Court Ruled Against ATRA's Position iconCourt Ruled Against ATRA's Position
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U.S. ex rel. Penelow v. Janssen Products LP.
(3rd Circ., filed July 21, 2025): Arguing that the qui tam provisions violate Article II’s vesting clause, the Appointments Clause, and the Take Care...
3rd Circuit
  • Case Not Yet Decided iconCase Not Yet Decided
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Anne Arundel County v. Express Scripts
(Md., filed May 29, 2025): Arguing that the Court should join other states in affirming that public nuisance law cannot be converted into an all-enco...
Maryland
  • Case Not Yet Decided iconCase Not Yet Decided
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Geico Casualty Company v. Jilianne Warner, et. al.
(Ky. App., filed May 28, 2025): Arguing that the court erred in finding that heavy motor trucks, such as tow trucks, are inherently dangerous.  The t...
Kentucky
  • Case Not Yet Decided iconCase Not Yet Decided
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Monsanto v. Durnell
(U.S., filed May 9, 2025): Arguing that the Missouri Court of Appeals and other appellate courts have gutted FIFRA’s express preemption provision, al...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
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Gill v. Exxon Mobil Corp. 
(Pa. App., filed June 23, 2025) Arguing that trial courts must zealously ensure the integrity and fairness of the jury system throughout the trial pr...
View



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