Tag: Double Dipping

Assembly Passes Asbestos Trust Fund Transparency Legislation

The Wisconsin Assembly on Thursday, March 20, passed important legislation that will bring transparency and end double dipping by plaintiff attorneys in lawsuits involving asbestos related claims.

“As a state with a strong manufacturing sector, Wisconsin businesses stand to lose if plaintiff attorneys are not required to disclose key evidence in asbestos lawsuits,” said Scott Manley, Vice President of the Wisconsin Civil Justice Council and Vice President, Government Relations, Wisconsin Manufacturers and Commerce (WMC). “The court deserves to know all the information when awarding damages,” added Manley.

AB 19 will allow greater transparency by:

  • Requiring asbestos plaintiffs to disclose any and all claims that they have filed or will file with asbestos trust funds, along with all of the documents and information that support the trust claims.
  • Requiring judges to admit trust claims and supporting materials into evidence at trial; prohibiting plaintiffs from spuriously alleging that trust claims and their supporting documents are privileged.
  • Providing defendants with a powerful tool to ensure that plaintiffs file and disclose all possible claims with asbestos trusts. AB 19 authorizes defendants to identify trust claims that the plaintiff could and should file. If a judge agrees, the case is stayed until that claim is filed and disclosed.

“We thank the Assembly for passing this landmark legislation,” said Bill G. Smith, WCJC President and NFIB State Director. “Wisconsin joins Ohio and Oklahoma by enacting laws that protect large and small businesses from unscrupulous plaintiff attorneys who double-dip against asbestos trust funds and Wisconsin businesses.”

 

Bill Protects Wisconsin Businesses in Asbestos Lawsuits

The Milwaukee Journal Sentinel has published an opinion piece by WCJC officers Bill G. Smith and Scott Manley explaining why SB 13/AB 19, which provides transparency and prevents fraud in lawsuits involving personal injury trusts by creating certain discovery requirements during litigation, is good for Wisconsin businesses. Continue reading “Bill Protects Wisconsin Businesses in Asbestos Lawsuits”

Radio Host Exposes Myths and Mischaracterizations of Asbestos Trust Legislation

Popular Wisconsin radio personality Vicki McKenna hosted Brian Sikma from Media Trackers for a discussion of the twisted lies opponents of AB 19/SB 13 are using to try and defeat the legislation.

Continue reading “Radio Host Exposes Myths and Mischaracterizations of Asbestos Trust Legislation”

Asbestos House Cleanup

The U.S. House of Representatives is voting today on the bi-partisan Furthering Asbestos Claim Transparency (FACT) Act, which would require asbestos trust claimants to disclose certain information about relief they have sought before pursuing litigation. Continue reading “Asbestos House Cleanup”

More Transparency Needed in Asbestos Lawsuits

Christian Schneider’s most recent piece in the Milwaukee Journal Sentinel exposes the questionable legal action Congresswoman Carolyn McCarthy (D-N.Y.) is taking to seek remedy for her lung cancer – suing 70 companies that she believes contributed to her exposure to asbestos when she was a child while not mentioning she has been a smoker for 40 years. As Schneider explains, lawsuits like this threaten the solvency of trusts set up to compensate actual asbestos victims by firms that went bankrupt, while also placing a burden on solvent companies. Continue reading “More Transparency Needed in Asbestos Lawsuits”

FACT Act Preserves Money for Future Asbestos Victims

In her article that appears in The Hill Blog, Lisa Rickard, President of the U.S. Chamber of Commerce Institute for Legal Reform, discusses federal legislation that ensures future asbestos victims will be compensated.

According to the article, the federal Furthering Asbestos Claim Transparency (FACT) Act (H.R. 982) would require various asbestos trusts to file quarterly reports with the bankruptcy courts detailing who has filed a claim and how much money was paid out. Continue reading “FACT Act Preserves Money for Future Asbestos Victims”

Wisconsin Businesses Support AB 19/SB 13, Personal Injury Trusts

The Wisconsin business community supports AB 19/SB 13, providing transparency in personal injury trusts. The Wisconsin Civil Justice Council respectfully requests that the Senate schedule and pass the bill.

This bill does NOT negatively affect veterans: To the contrary, by protecting limited funds available to trusts and the limited resources of solvent Wisconsin businesses, AB 19/SB 13 will help ensure that veterans and other legitimate victims receive fair compensation in the future. Continue reading “Wisconsin Businesses Support AB 19/SB 13, Personal Injury Trusts”

Wisconsin Civil Justice Council Receives Outstanding Organization Award

The Wisconsin Civil Justice Council has gained national recognition for its role in passing sweeping legal reforms in 2011 and its continued commitment to combating lawsuit abuse.

Members of WCJC and WMC traveled to the U.S. Chamber Institute for Legal Reform’s 14th Annual Legal Reform Summit in Washington, D.C. to accept the award. Continue reading “Wisconsin Civil Justice Council Receives Outstanding Organization Award”

Busy Fall Floor Session Anticipated

The first portion of the 2013-14 legislative session was very busy for the Wisconsin Civil Justice Council (WCJC). Numerous bills supported by WCJC received public hearings, passed the Assembly and now await action in the Senate. We fully expect the Senate to take up an pass several WCJC supported bills when the Legislature reconvenes this fall. Continue reading “Busy Fall Floor Session Anticipated”

Civil Justice Reforms Move Forward

Now that it has completed work on the 2013-15 budget bill, the Wisconsin Legislature will take a summer recess and will reconvene in September. Legislative committees will continue to hold public hearings and vote on individual bills.

For the Wisconsin Civil Justice Council (WCJC), the first portion of the 2013-14 legislative session has been very active and successful. Numerous bills supported by WCJC have received public hearings, passed the Assembly and await action in the Senate. We fully expect the Senate to pass these bills when the Legislature reconvenes in the fall.

Below is an update of bills of interest to WCJC. For more information on these bills, please visit WCJC’s website. Also, please contact Andy Cook or Bob Fassbender with any questions. Continue reading “Civil Justice Reforms Move Forward”