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Privileged & Confidential Attorney Work Product. The Coalition for Asbestos Justice: . What is it and what has it done for you ?. I. Introduction: What is the Coalition for Asbestos Justice?.
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Privileged & Confidential Attorney Work Product The Coalition for Asbestos Justice: What is it and what has it done for you?
I. Introduction: What is the Coalition for Asbestos Justice? The Coalition for Asbestos Justice, Inc. was formed in 2000 as a nonprofit association to address and improve the asbestos litigation environment. Established by property and casualty insurers, the Coalition’s mission is to encourage fair and prompt compensation to deserving current and future asbestos litigants by seeking to reduce or eliminate the abuses and inequities that exist under the current civil justice system. The Coalition is not involved with insurance coverage issues.
The Coalition for Asbestos Justice, Inc. is growing and currently includes the following insurers: ACE-USA Chubb and Son CNA service mark companies Fireman’s Fund Insurance Company The Hartford Financial Services Group, Inc. Kemper Insurance Companies Liberty Mutual Insurance Group St. Paul Fire and Marine Insurance Company
II. The “Holistic” Approach: Litigation Strategy, Public Relations, Judicial Education, Legislation A. Fundamentals of today’s asbestos claims litigation environment B. The need for change in the asbestos litigation environment C. Avenues for change in the asbestos litigation environment
A. Fundamentals of Today’s Asbestos • Claims Litigation Environment • i. The “elephantine mass” • ii. Bankruptcies and the “new defendants” • iii. Litigation run amok: “Jackpot” justice
B. The Need for Change in the Asbestos • Litigation Environment • i. Asbestos defendants have changed • ii. Asbestos claimants/plaintiffs have • changed • iii. Public perception HASN’T changed
C. Avenues for Change in the Asbestos • Litigation Environment • i. Legislation (Courts cannot solve the problem) • (Georgine/Amchem) • ii. Public Relations/Education • iii. Paradigmatic shift through litigation • strategies
III. How Is The CAJ Effecting • Change? • A.Litigation • B.Public Relations C. Judicial Education • D.Legislative Efforts
A.Litigation • i.Targeting Problematic Jurisdictions • (MS, NY, TX and WV) • ii.Casewatch and Amicus Briefing • iii.Case Management Reform – inactive • dockets/pleural registries
B.Public Relations • i.The “Mississippi Problem” • ii.This is NOT your father’s asbestos defendant • iii. Impact of bankruptcies on John Q. Public, • local communities and asbestos claimants • iv.The RAND Study
C. Judicial Education • i.Remember “Due Process”? • ii.Efficiency and docket control – at what • cost? • iii.Forum choice and joinder rules • iv. Innocent until proven guilty
D. Legislative Efforts • i.H.R. 1283 • ii.Current Proposals