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Main Title Asbestos bankruptcy trusts and tort compensation /
Author Dixon, Lloyd S.
Other Authors
Author Title of a Work
McGovern, Geoffrey.
Publisher RAND Corporation,
Year Published 2011
Report Number RAND/MG-1104-ICJ
OCLC Number 742306041
ISBN 9780833058348; 0833058347
Subjects Bankruptcy trustees--United States ; Compensation (Law)--United States ; Toxic torts--United States ; Personal injuries--United States ; Trusts and trustees--United States ; Asbestos--Law and legislation--United States
Internet Access
Description Access URL
Library Call Number Additional Info Location Last
ELBM  KF1530.R3D594 2011 AWBERC Library/Cincinnati,OH 11/16/2016
Collation xix, 89 pages : illustrations (some color) ; 26 cm
Notes "RAND Institute for Civil Justice." Includes bibliographical references (pages 85-89).
Contents Notes Linkages between the trusts and tort cases in six states -- Potential effects that trusts can have on total plaintiff compensation and payments by defendants that remain solvent. Payments by asbestos bankruptcy trusts have played an increasingly important role in compensating asbestos injuries and have become a matter of contention between plaintiff and defense attorneys. At issue is how tort cases take into consideration compensation paid by trusts and the evidence submitted in trust claim forms. This monograph examines how such evidence and compensation are addressed by state laws and considered during court proceedings. It also examines how the establishment of the trusts potentially affects plaintiff compensation from trusts and the tort system combined, payments by defendants that remain solvent, and the compensation available to future, as compared to current, plaintiffs. The authors find that the potential effects of trustsâ09 replacement of once-solvent defendants are very different in states with joint-and-several liability than in states with several liability. In states with joint-and-several liability, total plaintiff compensation should not change. In several-liability states, the replacement of once-solvent defendants by trusts can cause total plaintiff compensation to increase, decrease, or remain unchanged. The findings underscore the importance of information on plaintiff exposure to the products and practices of the bankrupt firms in determining the trustsâ09 effects on plaintiff compensation and on payments by defendants that remain solvent.
Place Published Santa Monica, CA
Corporate Au Added Ent Institute for Civil Justice (U.S.)
PUB Date Free Form 2011
BIB Level m
Medium unmediated
Content text
Carrier volume
Cataloging Source OCLC/T
LCCN 2011031315
Merged OCLC records 867477942
OCLC Time Stamp 20161104064856
Language eng
Origin OCLC
Type CAT
OCLC Rec Leader 03825cam 2200601 a 45010