Friable Thoughts

Saturday, March 19, 2005

Red state rumble - Part Deux

While Congress labors away to establish a national asbestos trust fund, it appears that more states are seeking to establish their own solutions to the asbestos litigation crisis. Georgia and Tennessee may join Texas, Ohio and Mississippi in placing more restraints on filing claims. While this might slow the number of suits filed, I suspect enterprising plaintiff's lawyers will find ways to shoe-horn their cases into other states that don't have these restrictions. One would think traditional rules against forum shopping, proper venue or choice of law might stop that but when has "the Law" ever gotten in the way of a clever and determined plaintiff's lawyer and an activist judge?

Georgia Votes To Restrict Asbestos Suits
Tennessee, Texas Are Latest State Legislatures To Take Up Medical Criteria


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