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View Diary: Asbestos Bill to re-surface in the Senate (32 comments)

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  •  Asbestos (none)
    1.  I googled meso and smoking and found a number of sites that say what you are saying.  They all use pretty much the same language, so I wonder if there was a new study or something.   I have seen research and testimony to the contrary.  I'll have to take a more in-depth look.

    2. Agree about screenings

    3.  I think its different with abestos tort suits because the liability is totally arbitrary.  Lets say you have an insulator who was exposed to tons of pipecovering, but the manufacturer, supplier and contractor are bankrupt.  So their responsibility is ignored.  The only other party they can identify is a gasket supplier, who sold the three asbestos gaskets they changed over the course of their career.   If the gasket manufacturer is bankrupt too, the gasket supplier will take the hit.   Minnesota has joint and several liability, so (with some limitations) the fault of the bankrupt entities gets re-allocated to the supplier, who gets the big verdict against it.  Now everyone knows that 99.99 percent of the exposure came from pipecovering, but it doesn't matter.  The liability all goes to the gasket supplier.   What sucks is that the gasket supplier is still a viable entity that employs people, but will eventually go under through no fault of its own.

    For car accidents, you have Uninsured motorist coverage and Underinsured motorist coverage, and in Minnesota, no-fault coverage.  Its exremely rare that someone is completely shut out.  I have seen meso cases where all the defendants get out on SJ because the plaintiff just doesn't remember enough specifics about what he was doing 40 years ago.

    If a fair compensation system could be worked out, it would cut out the lawyers, who (on both sides) have made a killing on this.  The defense lawyers don't want the gravy train to end any more than the Plaintiff's lawyers do.   (This is why I blog anonymously)  

    It takes a second to wreck it. It takes time to build.

    by lando on Wed Jan 25, 2006 at 08:50:23 PM PST

    [ Parent ]

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