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January 2016 Archives

House passes FACT Act but bill faces many hurdles

Defenders of the asbestos industry have been pushing Congress to enact legislation that would make pursuing class actions and recovering damages from asbestos trust funds more difficult. The ultimate future of these measures is murky at best, but the House of Representatives last week took the first steps toward enactment by passing two bills as a single law, the Fairness in Class Action Litigation and the Furthering Asbestos Claim Transparency Act (the so-called "FACT Act"). If finally enacted, the bill would affects lawsuits and asbestos trust funds in North Carolina and the other forty-nine states.

Court hears appeal involving cumulative asbestos exposure

In recent posts, this blog has called attention to the continuing vitality of litigation seeking damages for exposure to airborne asbestos fibers in North Carolina and elsewhere. This same theme was repeated by attorneys on both sides of a case recently heard by the supreme court of a nearby state.

Experts say health hazards from asbestos products persist

In the early 1970, the United States Environmental Protection Agency began banning the use of asbestos-containing products in products used in the construction industry. The ban has widened, but according to contemporary experts, the white mineral continues to cause serious and often fatal illnesses.

Court rejects defense to asbestos suit based on statute of repose

Virtually every state in the Union, including North Carolina, has passed what is called a "statute of repose." Among other things, statutes of repose apply to lawsuits for injuries alleged to have arisen out of a defective condition in a product.

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