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Fairness In Asbestos Injury Resolution Act Of 2005
An overview of H.R. 1360, the Fairness in Asbestos Injury Resolution (FAIR) Act of 2005, as introduced by Representative Kirk on March 17, 2005. H.R. 1360 would create the Office of Asbestos Disease Compensation, within the Department of Labor, to award damages to asbestos claimants on a no-fault basis. Damages would be paid by the Asbestos Injury Claims Resolution Fund, which would be funded by companies that have previously been sued for asbestos-related injuries, and by insurers of such companies. Asbestos claims could no longer be filed or pursued under state law, except for the enforcement of judgments no longer subject to any appeal or judicial review before the date of enactment of the bill.
Claims of asbestos-related injury have flooded the courts since the 1970s, but litigation has proven to be an inadequate means to resolving all such claims. The Supreme Court has twice struck down attempted global asbestos settlements,1 in both instances inviting Congress to craft a legislative solution.2 In response, various bills have been introduced in past Congresses,3 although none has passed.
On March 17, 2005, Representative Kirk introduced H.R. 1360, the Fairness In Asbestos Injury Resolution (FAIR) Act of 2005. The bill would "create a privately funded, publicly administered fund that will provide compensation for legitimate present and future claimants of asbestos exposure."
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Did You Know?
Falls at a construction site may not be your fault
The most common accident at construction sites is falls, either on the same level or from height. More fatalities occur from falls than any other construction activity.
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Latest news about injury cases in South Carolina and nationwide:
Young Boy Burned Near Old Faithful
A young boy from Utah was burned Saturday evening after falling into water from a recently erupted geyser in Yellowstone National Park.
The... Read more >
Definition:
Injury of the nerves contained within the spinal canal often associated with trauma to the spinal column (spine),Complete: Nerve damage obstructing all signals between the brain and body.Incomplete: Nerve damage obstructing some of the signals between the brain and body.
Tinnitus Ear Ringing
Definition:
Together with other abnormal ear noises, ear ringing is medically called tinnitus. Buzzing, roaring, and pulsitile sounds are sometimes perceived when no sound is present in persons with tinnitus.
Auto Car Accident
Definition:
A simple fender bender car accidents an individual involved can suffer back and neck injuries that have a lasting adverse effect.
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