2009 Litigation Trends: Asbestos Litigation In The U.S.
Overview
Asbestos personal injury litigation, having now gone on for more
than 40 years, is the longest running mass tort litigation in U.S.
history. Forecasters expect claims to continue until approximately
2050, albeit in decreasing numbers over time. A significant number
of serious claims are still being filed every year.
This high-level summary is intended to provide an overview of
the current state of asbestos personal injury litigation in the
United States. The information provided is general in nature and
subject to change. Significant changes often take place in the
world of asbestos litigation very quickly, and the litigation has
evolved many times over the years in response to legal and economic
developments. We expect such evolution to continue in the coming
years.
Filing Trends
Asbestos claim filings peaked in 2002 at approximately 80,000
new claims. Since then, asbestos filing rates are down
dramatically. However, as discussed below, this decline can be
attributed almost entirely to a marked drop in unimpaired, less
serious claims. Mesothelioma and other cancer claims have remained
relatively steady.
In 2008 approximately 5,000 new claims were filed.
Approximately 2,000 of those claims involved mesothelioma, and we
expect a similar number of such claims in 2009. In most of these
cases dozens (sometimes more than 100) companies are named as
defendants.
Since 2002-03, the rate of unimpaired asbestos claims has
fallen off precipitously. These claims typically allege pleural
disease. Plaintiffs' lawyers presently express little interest
in filing such claims. The falling numbers of unimpaired claims can
be attributed in large part to the effects of tort reform measures
enacted in various states. These reforms include inactive dockets
where unimpaired claims must be "parked" unless a serious
injury manifests, requirements that claimants file medical proofs
at the onset of litigation as to the cause of their alleged injury,
and the decline of mass screenings around the country.
The leading jurisdictions for asbestos litigation continue to
be California, Delaware, Florida, Maryland, New Jersey, Illinois,
Mississippi, New York, Ohio and Texas.
Although there has been much written about a "gold
rush" of plaintiffs' firms moving to California from Texas
and elsewhere to file asbestos claims, the data does not seem to
bear this out. There has however been a well-documented significant
drop in asbestos cases filed in Texas because of tort...
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