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Washington, D.C.
May 15, 2005—Texas today became the fourth state to pass
asbestos and silica litigation reform legislation (S.B. 15),
according to the
American
Tort Reform Association (ATRA). The Senate concurred
with a House amendment to the bill, which now goes to Gov.
Rick Perry.
“We applaud the Texas
Legislature for passing legislation that will unclog the court
system and put an end to frivolous asbestos and silica claims,”
said ATRA President
Sherman
Joyce. “By establishing medical criteria and putting
an end to the mass screening of patients, the legislation will
ensure that the claims of the truly sick are given priority.”
“Passage of the bill
is a culmination of statewide grassroots efforts by the Texas
Asbestos Consumer Coalition and the
Texas
Civil Justice League,” Joyce said. “Getting this bill
through the legislature would not have been possible without
their tireless efforts.”
Key components of
S.B. 15:
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Establish medical
criteria requiring that all pending and future asbestos
claims show illness or impairment from asbestos exposure;
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Put and end to
the practice of “bundling” thousands of claims together.
Asbestos and silica claims would have to be tried separately
and on their own merits;
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Ensure that that
the most seriously ill will receive expedited trials and
adequate compensation for their injuries;
-
Extend the
two-year statute of limitations on filing asbestos lawsuits
to protect the rights of those who may develop asbestos and
silica related illness in the future;
-
Shut down the
“mass screening” of potential asbestos and silica claimants
that has resulted in tens of thousands of unimpaired
asbestos claims in the courts.
Ohio, Georgia and
Florida have passed similar legislation.
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