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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