A bill to establish legal standards and procedures for the fair, prompt, inexpensive, and efficient resolution of personal injury claims arising out of asbestos exposure, and for other purposes.
TABLE OF CONTENTS:
Title I: Asbestos Resolution Corporation
Title II: Medical Eligibility Determinations
Title III: Alternative Dispute Resolution
Title IV: Civil Actions
Title V: Rules Applicable to Arbitrations and Civil Actions
Title VI: Funding
Title VII: Applicability; Pending Civil Action
Title VIII: Miscellaneous Provisions
Fairness in Asbestos Compensation Act of 1998 - Title I: Asbestos Resolution Corporation - Establishes the Asbestos Resolution Corporation which shall: (1) have exclusive authority to adopt rules for cost recovery, physician qualifications, alternative dispute resolution, exceptional medical cases, and disease eligibility; and (2) appoint a Medical Advisory Board.
Title II: Medical Eligibility Determinations - Sets forth claimant medical eligibility determination criteria for: (1) nonmalignant conditions; (2) mesothelioma; (3) lung cancer; and (4) other cancer.
(Sec. 205) Sets forth procedures for Corporation determination of a claimant's certificate of medical eligibility.
(Sec. 206) Directs the Corporation to establish one or more exceptional medical claims panels. Sets forth application and acceptance provisions.
(Sec. 207) Provides for: (1) confidentiality; and (2) U.S. district court review of Corporation determinations of eligibility.
Title III: Alternative Dispute Resolution - Directs the Board to establish procedural rules for an alternative dispute resolution process.
Sets forth provisions regarding: (1) motions officers; (2) respondent notification; (3) additional respondents; (4) grace period; (5) mediation and arbitration; and (6) subpoena powers.
Title IV: Civil Actions - Prohibits: (1) a civil asbestos action unless the plaintiff has obtained a certificate of medical eligibility and release from mediation; and (2) a class action or other collective action without the consent of each defendant.
(Sec. 404) Requires a penalty for a final offer made by a respondent in mediation if such offer is below a certain amount assigned by the jury or fact-finder.
Title V: Rules Applicable to Arbitrations and Civil Actions - Sets forth arbitration and civil action rules with respect to: (1) issues to be decided; (2) relief; (3) timeliness defenses; (4) attorney's fees; and (5) nonpreclusion of nonmalignant claims upon subsequent malignancy claims.
Title VI: Funding - Directs the Corporation to estimate its annual medical review and administrative and overhead costs and allocate proportionate cost shares among the previous year's respondents. Provides monetary penalties for noncooperation with the Corporation.
(Sec. 602) Provides for mediation and arbitration costs to be charged on a per capita basis to participating respondents.
(Sec. 603) Directs the Corporation to establish procedures for informal resolution of cost assessment disputes. Provides for U.S. district court review of cost assessment disputes.
(Sec. 606) Establishes the Asbestos Resolution Corporation Trust Fund and transfers to it amounts received under this title and other amounts. Authorizes obligation of Fund amounts consistent with this Act, to remain available without fiscal year limitation.
Title VII: Applicability; Pending Civil Actions - Makes this Act applicable to any civil asbestos action that has not resulted in a final, nonappealable judgment, with specified conditions applicable to pending civil actions.
Title VIII: Miscellaneous Provisions - Defines specified terms.
(Sec. 803) Makes this Act inapplicable to existing asbestos trusts, with an elective trust exception.
Introduced in Senate
Sponsor introductory remarks on measure. (CR S11343-11344)
Read twice and referred to the Committee on Judiciary.
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