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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/Silica Litigation Reform: SB 182 (2007)
Reenacted the 2005 legislation struck down on constitutional grounds related to retroactivity. Established objective medical criteria required to brin...
Georgia
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Asbestos/Silica Litigation Reform: SB 512 (2006)

Established minimum medical criteria for the filing of asbestos and silica claims

Kansas
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Asbestos/Silica Litigation Reform: S 1038 (2006)
Established minimum medical criteria (based on the AMA guide to the evaluation of permanent impairment) for the filing of asbestos and silica claims. ...
South Carolina
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Asbestos/Successor Liability Reform: CS/SB 2228 (2005)
Applied provisions of the bill to corporations that are successors and became a successors before January 1, 1972. Provided that cumulative successor ...
Florida
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Asbestos/Successor Liability Reform: S 1163 (2006)
Limited successor asbestos-related liability to the fair market value or the total gross assets of the transferor determined at the time of the merger...
South Carolina
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Asbestos Bankruptcy Trust Transparency: H.B. 380 (2012)
Mandates that within thirty days after filing an asbestos complaint, a claimant shall provide to all of the parties in the action a sworn statement id...
Ohio
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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...
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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
Drake v. Bayer
(9th Circ., filed March 24, 2025): Arguing that Article III and the Rules Enabling Act preclude construing Rule 23 to permit certification of a class ...
California
9th Circuit
  • Case Not Yet Decided iconCase Not Yet Decided
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BRP Group, Inc. v. Wagner
(DE, filed April 15, 2025): Arguing that the carveout in the final clause of Section 6 of S.B. 313 amounts to an unconstitutional bill of attainder an...
Delaware
  • Case Not Yet Decided iconCase Not Yet Decided
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Newman v. Bayer Inc.
(2nd Circ., filed April 9, 2025): Arguing that Article III and the Rules Enabling Act preclude construing Rule 23 to permit certification of a class l...
2nd Circuit
  • Case Not Yet Decided iconCase Not Yet Decided
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The Plaintiffs’ Lawyer Quest for the Holy Grail
One can only imagine the scene inside the plaintiffs’ lawyers’ R&D laboratory for expansive liability theories when they created today’s public nu...
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Perlmutter v. Federal Insurance Company, Harold Perenboom, and William Douberley
(Fl., filed March 20, 2025): Section 768.72 of Florida law deliberately altered the common law to raise the evidentiary burden for recovering punitive...
Florida
  • Case Not Yet Decided iconCase Not Yet Decided
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Laboratory Corporation of America Holdings v. Davis et. al.
(U.S., filed March 12, 2025): Arguing that Rule 23(b)(3) does not circumvent fundamental limitations on federal jurisdiction in class actions.  The co...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
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Legal Services Advertising in the United States – 2020-2024
In 2024, it is estimated that more than $2.5 billion were spent on more than 26.9 million ads across all analyzed mediums for legal services or solici...
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Smith Jr. v. Terumo BCT, Inc.
(Co. App., filed March 3, 2025): Arguing that traditional tort-law principles preclude medical monitoring as a claim or remedy without present physica...
Colorado
  • Court Ruled in Favor of ATRA's Position iconCourt Ruled in Favor of ATRA's Position
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Smith & Wesson Brands v. Estados Unidos Mexicanos
(U.S., filed December 4, 2024): Arguing that foreseeability is not a substitute for proximate causation. The petition is emblematic of numerous lawsui...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
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Gilead Tenofovir Cases, Gilead Sciences v. Superior Court of the City and County of San Francisco
(Ca., filed November 4, 2024): Arguing that the novel duty to innovate recognized by the Court of Appeal would flood the judiciary and burden manufact...
California
  • Case Not Yet Decided iconCase Not Yet Decided
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