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Wednesday, June 22, 2011

A commentary on asbestos legislation

The proposed legislation, Senate Bill S. 852, in Washington, D.C., is under-funded, unjust, impractical and unconstitutional.
While Senator, proposed legislation in Washington, D.C., from Pennsylvania Arlen Specter seems to dispel the asbestos Bill impossible hurdles for victims at first glance, many questions relating to litigation of asbestos-related diseases, and solves bails out politically well-connected companies.
Senator Specter admits that he can not "perfect" Bill passed, but little consolation for mesothelioma victims, who will die ResponseTime, before they find you help from the fundamentally flawed approved asbestos bailout of the Judiciary Committee.
All large asbestos Organization against this law, while supported victims of the corporate defendants, which knowingly poisoned the people with asbestos and their workers and billions of dollars of liability would get relief.
A few of the basic problems with the Fund include:
The Fund is underfunded by at least $16 billion (according to the CBO) and possibly as much as $49 billion (analysis of asbestos claims expert Mark Peterson) or even $100 billion (environmental working group). Bankruptcy of the Fund and taxpayers should bailout.
Every single similar Government Trust Fund failed.
In its current form the Fund will be involved immediately unfairly excluded trusts, insurance companies, small businesses and the thousands of victims from the Fund in asbestos litigation from existing.
By moving all pending claims in the Fund, the Fund is guaranteed a large backlog at the start have.
Victims with community exposure and 9 / 11 victims - also firefighters, police and emergency workers - are excluded from the award of compensation. The differences between their treatment and the treatment of similar victims in Libby, Montana is probably unconstitutional.
There are no real sunset to return to the courts for victims when the Fund is bankrupt.
While unfair or closing it poisoned the treatment by asbestos, are companies that rewarded them poisoned with a multi billion dollar bailout.
Proposed asbestos to take bailout Bill is way of Veterans rights
In addition to the be unfair, victims of asbestos disease, is the asbestos Bill as bad for veterans. This law does not support thousands of veterans in this country.
Veterans, like all Americans, had always been the right to go Court to account the companies that poisoned them knowingly. Historically, she have been able to get Court approved compensation to deal with the devastating health and financial impact of asbestos-related diseases. Now, asbestos companies, their insurers and some senators want, who immediately take a Bill which simplified rewarded asbestos victims and companies that poisoned them.
The asbestos Bill ends current and future asbestos victims the legal certainty for all and forces them in an untested National Trust Fund bureaucracy, which would be under-funded by at least $40 billion. The Bill would delay financial relief veterans and other asbestos victims of up to nine years - time, the many dying asbestos victims simply don't have.
Many veterans with asbestos-related diseases for compensation at all qualify under the proposed Bill. Very few veterans are likely to the five and ten year cumulative exposure under the Bill requirements because they not in the service have been his long enough to qualify.
The Bill bails out very asbestos and insurance company, knowingly veterans asbestos exposed.
Action you can take
While the asbestos Bill is unfair and is used, to rights and remedies of victims for the multi-billion dollar company to limit, can you help, defeat take this law. Please call your Senators and representatives of Congress and let them know you, that you are against this law.

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