Asbestos Litigation

Inhalation of asbestos can cause a number of serious conditions, including asbestosis, mesothelioma, and other cancers. In the early 1980s, the RAND Institute for Civil Justice conducted the first study to examine the costs of and compensation paid for asbestos personal injury claims. RAND has since amassed a significant body of research on asbestos litigation and on the performance of the U.S. legal system in resolving asbestos claims.

Research conducted by: RAND Institute for Civil Justice; RAND Justice, Infrastructure, and Environment

All Items (17)

Project

Making the Civil Justice System More Efficient and Equitable — Oct 3, 2011

The RAND Institute for Civil Justice (ICJ) conducts research on all aspects of civil justice, from trends in litigation and jury verdicts to punitive damages, compensation systems, and alternative dispute resolution. Directly or indirectly, civil justice issues have an impact on us all.

Report

Links Between Asbestos Bankruptcy Trusts, Tort Cases Examined — Aug 18, 2011

Asbestos bankruptcy trusts—created to compensate people injured by the mineral—may be influencing tort cases. The current way that the trusts and the tort cases are linked together may result in payments that are not consistent with the basic principles of the tort liability system.

News Release

Links Between Asbestos Bankruptcy Trusts, Tort Cases Examined — Aug 18, 2011

Asbestos bankruptcy trusts—created to compensate people injured by the mineral—may be influencing tort cases. The current way that the trusts and the tort cases are linked together may result in payments that are not consistent with the basic principles of the tort liability system.

Research Brief

Bankruptcy Trusts, Asbestos Compensation, and the Courts — Aug 18, 2011

People with asbestos injuries are increasingly receiving compensation from trusts set up by bankrupt asbestos defendants. This brief documents how courts handling these cases consider trust payments when determining compensation.

Report

Asbestos Bankruptcy Trusts: An Overview of Trust Structure and Activity with Detailed Reports on the Largest Trusts — Jul 30, 2010

While legislative and judicial reforms have made it increasingly difficult to obtain compensation for nonmalignant diseases in the tort system, the trust system remains a source of compensation for such injuries. This report describes the creation, organization, and operation of asbestos personal-injury trusts and compiles publicly available information on the assets, outlays, and governing boards of the 26 largest ones.

Research Brief

Diagnostic Abuse in Silica Litigation — Dec 4, 2009

This brief analyzes the factors that led to the exposure of widespread abuse in the diagnoses in thousands of silica injury claims in Texas, then suggests ways to uncover such abuses in mass personal-injury litigation more easily in the future.

Report

The Abuse of Medical Diagnostic Practices in Mass Litigation: The Case of Silica — Nov 13, 2009

This report reviews the court proceedings that led to the uncovering of abusive diagnostic practices in silica litigation, then identifies ways in which similar practices could be uncovered or prevented in the future.

Research Brief

Asbestos Litigation Costs, Compensation, and Alternatives — Nov 25, 2005

This research brief describes work documented in Asbestos Litigation (MG-162-ICJ).

Project

Asbestos Litigation: Tracking the Big Picture — Sep 2, 2005

Who exactly should be compensated for asbestos exposure? It's an ongoing and contentious debate. RAND Institute for Civil Justice offers a growing body of research on class action lawsuits related to asbestos.

News Release

RAND Study Finds More Than 730,000 People Have Filed Asbestos Injury Claims in U.S., Costing Defendants More Than $70 Billion — May 10, 2005

RAND Study Finds More Than 730,000 People Have Filed Asbestos Injury Claims in U.S., Costing Defendants More Than $70 Billion

Report

Asbestos Litigation — May 9, 2005

Presents the most comprehensive description to date of the longest-running mass tort litigation in U.S. history.

Journal Article

Fashioning a National Resolution of Asbestos Personal Injury Litigation: A Reply to Professor Brickman — Jan 1, 2004

Fashioning a National Resolution of Asbestos Personal Injury Litigation: A Reply to Professor Brickman

Report

Asbestos Litigation Costs and Compensation: An Interim Report — Jan 1, 2002

Examines the dimensions of current asbestos litigation and the potential future effects of the litigation on the U.S. economy

Report

Asbestos Litigation in the U.S.: A New Look at an Old Issue — Jan 1, 2001

This briefing documents the first phase of a new study on asbestos litigation, now the longest-running mass tort litigation in U.S. history.

Report

Asbestos Litigation in the United States: A Brief Overview — Jan 1, 1992

Summarizes the scope of asbestos litigation in the United States, the response of the civil justice system to date, and the obstacles to efficient and equitable resolution of asbestos-related personal injury claims.

People

Lloyd Dixon

Senior Economist
Ph.D. in economics, University of California, Berkeley; B.A. in political science, B.S. in general engineering, Stanford University

People

Geoffrey McGovern

Associate Social Scientist
Ph.D. in political science, Binghamton University; J.D., Harvard University; M.A. in political science, Binghamton University; B.A. in political science, Wittenberg University

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