There are over 200,000 claims filed by alleged victims of asbestos exposure pending in the United States today. Exposure to asbestos has created a flood of litigation in both state and federal courts. The United States Supreme Court has described this flood of litigation as an “elephantine mass” that “defies customary judicial administration and calls for national legislation.” Ortiz v. Fireboard Corp., 527 U.S. 815, 821 (1999). In addition, asbestos personal injury litigation has contributed to the bankruptcy of more than 60 companies, including nearly all manufacturers of asbestos cloth, fabric and insulation products.

Many of the claims have been filed by plaintiffs who are not sick or who do not demonstrate any symptoms of an asbestos-related illness. This mass of claims with doubtful validity is slowing already crowded dockets around the country and preventing the more seriously ill plaintiffs from obtaining their day in court. The Asbestos Compensation Fairness Act would establish national medical criteria for determining how plaintiffs should be compensated for their illness caused by exposure to asbestos.

This article details diseases caused by exposure to asbestos as well as the purposes and findings of the Asbestos Compensation Fairness Act, which was still a bill at the time this article was written. Also covered are the requirements for maintaining and prevailing in a suit under the Act.