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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?
Children injured at playgrounds may be eligible get injury compensation from the owner
Playground accidents result in about 200,000 emergency visits every year-that's one injury every 2½ minutes.
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Definition:
Serious injury to the head often resulting in severe and permanent damage to the brain. A bone may break or fracture when the force applied against it is greater than the strength of the bone itself.
Unintentional Injury
Definition:
Two categories of unintentional injury: motor vehicle-related injuries and home and recreation related injuries.
Mental Anguish
Definition:
Mental suffering. It is different from a physical injury, but may be considered in awarding damages. In some cases damages for mental anguish can be awarded even if no physical injury occured.
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