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Of the report of the Judicial Conference Ad Hoc Committee on Asbestos Litigation -- Report of the Judicial Conference Ad Hoc Committee on Asbestos Litigation -- Separate dissenting statement of Judge Thomas F. Hogan to report of the Judicial Conference Ad Hoc Committee on Asbestos Litigation.
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This report presents the results of a study of how the civil justice system has dealt with the challenges presented by asbestos litigation. Its sections describe (1) the characteristics of asbestos litigation, both at the individual case level and at the aggregate level; (2) the way in which the court system has approached the three critical tasks of litigation--substantive decisionmaking, preparing cases for trial, and disposing of cases; and (3) the implications of the findings. Based on their observations of the asbestos litigation process, the authors review the strengths and weaknesses of the tort system as a mechanism for resolving mass toxic torts, consider changes that might strengthen the system, and suggest a mechanism for formulating new policies.
Asbestos litigation is the longest-running mass tort litigation in U.S. history. Through 2002, approximately 730,000 individuals have brought claims against some 8,400 business entities, and defendants and insurers have spent a total of $70 billion on litigation. Building on previous RAND briefings, the authors report on what happened to those who have claimed injury from asbestos, what happened to the defendants in those cases, and how lawyers and judges have managed the cases.